Recent prosecutions: Company fined £60,000 for hazardous dust offences

A manufacturer of stone kitchen worktops was slapped with a £60,000 penalty after ignoring repeated Health and Safety Executive (HSE) warnings about hazardous dust exposure. 

Despite the HSE visiting the company nine times in six years, employers took little or no action to protect workers across several areas of concern.

In 2021, the HSE initially responded to concerns about unsafe working practices, with employees stating that ‘no-one is in charge of health and safety’.  Inspectors identified widespread complacency and several breaches of health and safety law, particularly regarding exposure to potentially lethal respirable crystalline silica (RCS). For example, the workshop floor was covered in a thick layer of dust, pointing to a lack of effective controls.

The investigation also identified the use of unguarded machinery and improperly stored stone slabs, which placed workers at risk of serious injury. 

The business was served with four improvement notices and it was revealed that similar action had been taken four years earlier, in 2017. At the subsequent hearing, the company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act, as well as three charges for failure to comply with an improvement notice. They received a £60,000 fine and were ordered to pay £7,363 in costs. 

The dangers of respirable crystalline silica 

Working with building materials like concrete, brick, sandstone, or granite can create dust containing respirable crystalline silica (RCS). Without suitable controls, activities such as cutting, drilling, and sanding can cause workers to inhale incredibly fine RCS particles deep into their lungs. 

Prolonged exposure can lead to irreversible and potentially fatal respiratory conditions, including silicosis, chronic obstructive pulmonary disease, and lung cancer. Permanent lung damage has often occurred before symptoms develop. 

Common workplace risk areas include: 

• Non-compliant cleaning practices, such as by dry sweeping 
• Leaks or spillages causing a build-up of dust containing RCS
• Contaminated clothing and surfaces 
• Damaged or poorly sealed packaging
• Poorly maintained ventilation or dust extraction systems
• Using compressed air to clean surfaces or equipment
• Airborne dusts from workplace activities, moving vehicles, or foot traffic 

As an employer, you’re legally required to protect your people from RSC risks. You can safeguard staff from life-threatening lung disease by addressing dust-related risks, implementing effective site controls, and staying alert to your team’s changing health needs.

Get started with these essential steps: 

• First, understand the workplace exposure limits (or WELs) of the materials you’re working with. Set by the HSE, the WEL is the maximum concentration of a hazardous substance in the air that most people can be exposed to without suffering health problems. Speak to your Opus Consultant about assessing exposure levels.
• Instal local exhaust ventilation (LEV), which is widely viewed as the most effective control method for airborne particulate dusts. LEV systems should be thoroughly examined every 14 months and it’s essential to read and act on the auditor’s follow-up report.
• Ensure dry sweeping is prohibited in areas where RCS-generating activities take place. Instead, use wet cleaning or provide HEPA filters or M Class vacuums to remove excess dust in areas that LEV extensions can’t reach.
• Require workers to wear appropriate PPE, such as FFP3 masks and gloves, when changing dust bags. 
• Change dust bags when they reach two-thirds full. Overfilling can cause spills and excess dust. Similarly, dust bags can negatively draw and block ductwork if they are too full. Overloaded bags can also increase the odds of manual handling injuries.
• Consider face fit testing as part of your risk assessment when FFP3 masks are required.
• Use respiratory protective equipment (RPE) in addition to LEV when sanding.
• Use a high-powered dust lamp to identify areas that are particularly hazardous during certain processes. This may eliminate the need for air monitoring, which measures if harmful dust particles are below the WEL and whether your dust controls are working effectively. 
• Train your team to recognise and act on dust exposure risks and report the early warning signs of poor lung health, including coughing, wheezing, shortness of breath, and allergic reactions.

Proper RCS practice is only a small part of builders merchant compliance. We’ll help you get every element right.

Chat through your health and safety strategy with an Opus consultant on 0330 043 4015 or email hello@opus-safety.co.uk.