Info Bite 191: Contractor fined for ignoring silica dust warning

A specialist playground installation and landscaping contractor has been fined after failing to provide employees with adequate protection against respirable crystalline silica (RCS).

Greater Manchester Magistrates’ Court heard how on 23 March 2018, the HSE carried out an unannounced inspection of a site in Radcliffe.

The HSE inspector served a Prohibition Notice to stop two employees of the contractor using a powered tool to cut flagstones without any respiratory protective equipment.

This put the health of the employees at risk due to exposure to RCS, which is released when silica-containing materials are cut with a powered tool.

HSE then served an Improvement Notice, requiring the company to provide adequate control from exposure to RCS.

The investigation found the company did not provide evidence of compliance within the deadline and a second, similar job was completed at the same site with no adequate control measures in place.

The Contractor based in Lancashire, pleaded guilty to breaching safety regulations and was fined £20,000 and ordered to pay costs of £3,000.

The HSE inspector said after the hearing: “Exposure to respirable crystalline silica can cause life-threatening diseases including silicosis and chronic obstructive pulmonary disorder (COPD), which can lead to impaired lung function, lung cancer and death.  This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices”.

Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.