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Hidden heat and UV exposure – is this an emerging occupational disease risk for employers and insurers?

As heatwaves become more frequent across the UK, employers and insurers should consider whether prolonged exposure to UV radiation and extreme heat could give rise to the next generation of occupational disease claims.

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The UK's increasingly frequent heatwaves could possibly be creating a developing liability risk that may not fully emerge for years or even decades.

Recent research by Autotrader and the British Skin Foundation found that an estimated 14 million Britons have experienced sunburn while travelling in a car, while nearly one-third were unaware that sunburn is possible inside a vehicle. Almost half of motorists do not take any precautions against UV exposure during journeys. Experts warn that significant levels of UVA radiation can penetrate vehicle side windows, contributing to cumulative skin damage and increasing the risk of skin cancer over time.

Employers need to consider those employees who spend large portions of their working day driving, working outdoors, or combining both activities as that activity could become the source of future employers' liability claims arising from prolonged occupational exposure to ultraviolet (UV) radiation and excessive heat. As climate change drives more frequent and prolonged periods of high temperatures, this risk is likely to become increasingly prominent.

A long-tail employers' liability exposure

Historically, occupational disease claims have emerged from prolonged exposure to hazards such as asbestos, noise, vibration and repetitive strain. UV exposure may follow a similar trajectory. Medical evidence increasingly links cumulative exposure to UVA with skin cancers, premature ageing, pigmentation changes and lasting skin damage. Importantly, the effects often do not become apparent until many years after exposure occurred.

This creates potential exposure for employers across numerous sectors, including construction and infrastructure, logistics and delivery services, highway maintenance, utilities and telecommunications, agriculture, fleet operations and emergency services.

Workers who spend hours driving between appointments, deliveries or worksites may believe they are shielded from the sun when in fact they are accumulating significant UV exposure through vehicle windows over many years.

Heatwaves could drive multiple types of claims

The risk extends beyond skin cancer claims. Recent construction sector research found that 44% of workers had already experienced heat-related illnesses such as dehydration, heat exhaustion or heat stroke, while 87% reported increased fatigue and 61% experienced concentration difficulties in hot conditions.

From an insurance perspective, repeated heatwaves could contribute to:

  • Employers' liability claims for occupational skin cancers.

  • Heat stress and heat exhaustion claims.

  • Accident claims linked to fatigue, impaired concentration and reduced cognitive performance.

  • Motor fleet claims where driver performance is affected by extreme temperatures.

  • Public liability claims where heat-related errors result in injury to third parties.

  • Absence, disability and rehabilitation costs associated with long-term health conditions.

As temperatures continue to rise, claimant representatives may increasingly argue that employers knew, or should have known, about the foreseeable risks posed by UV exposure and heat stress. Whilst some claimants may face evidential difficulties in proving causation with workplace exposure compared to exposure generally, such difficulties may be easier to overcome where prolonged workplace exposures in the absence of protective measures can be proved.

What should employers be doing now?

Employers should begin treating UV exposure and extreme heat as occupational health risks rather than seasonal inconveniences. Practical measures include:

  1. Review Risk Assessments to include UV radiation and heat stress in workplace risk assessments. Consider workers who drive regularly as well as those working outdoors and identify higher-risk groups based on exposure levels.

  2. Implement sun protection policies and provide sunscreen at depots, offices and sites. Encourage employees to regularly reapply protections throughout the day and promote lightweight long-sleeved clothing where appropriate.

  3. Protect occupational drivers by educating employees about UV exposure through side windows. Consider UV-filtering window films where appropriate, encourage sun protection on long journeys and include UV risks within fleet safety programmes.

  4. Plan for Heatwaves and adjust working hours to avoid peak temperatures. Increase rest breaks and hydration opportunities and monitor vulnerable workers.

  5. Maintain records and document risk assessments, training, PPE provision and preventative measures. Record heatwave management procedures and occupational health interventions. Retain evidence of compliance as potential defence material for future claims.

Looking Ahead

The UK's changing climate is creating occupational risks that were rarely considered a decade ago. Today's workers may not appreciate that daily exposure behind the wheel, on site or in the field can accumulate over years into significant health consequences. For insurers, the concern is that skin cancer and heat-related occupational disease claims could represent another long-tail casualty exposure whose true scale may not become apparent until well into the 2030s and beyond.

Organisations that act now by embedding UV and heat management into workplace health and safety programmes are likely to be best positioned to protect employees, reduce claims frequency and defend future liability allegations.

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Written by:

Peter Ward

Peter Ward

Legal Director

Peter specialises in industrial disease claims including noise-induced hearing loss, occupational asthma and asbestos related illnesses.

Jacqui Bickerton

Jacqui Bickerton

Principal Associate

Jacqui has over 30 years' legal experience of dealing with catastrophic injury claims, fraud and civil litigation and is based in our knowledge management team in the Liverpool office.

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