Charlotte O’Kane

In the last year, Health and Safety Executive (HSE) prosecutions have resulted in cases in which businesses - and, in one case, a director - were hit with criminal penalties for non-compliance with health and safety laws.

Under the Health and Safety at Work Act 1974 (HSWA), employers have a general duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all their employees.
There are further regulations that specifically address risks posed by hazardous substances that apply to dust.

The HSE has demonstrated its focus on business’ dust control measures by bringing increased criminal prosecutions over the past 12 months, including four successful “dust prosecutions” in January.

The most recent case involved London property developer Nofax Enterprises Limited which was fined £63,000 and ordered to pay costs of £25,622, after pleading guilty to HSWA offences relating to a range of failures - including not sufficiently addressing risks of exposure to large amounts of silica dust and failing to protect workers from exposure to wood dust.

In publicising the outcome of the case, the HSE said exposure to either wood or silica dust “can result in very serious and life threatening health conditions, including asthma, nasal and lung cancers, chronic obstructive pulmonary disease and silicosis”.

HSE inspector Tracy Fox said: “Companies need to be aware that when HSE identifies repeated similar significant failings in the workplace, a prosecution will always be considered.”

There is increasing political will to make sure workers stay healthy and stay in employment. One of the cornerstones of the UK government’s plan for economic growth is getting people into work and staying in work. 

The government’s recent activity, including its “Get Britian Working” white paper and “Keep Britain Working” review, all point to the expectation that employers have a crucial role to play - and managing dust-related health risks is a vital element in this regard.

In its business plan for 2024-25 the HSE listed silica and wood dust as “health risk priorities”, planning a total of 4,000 proactive inspections as part of a broader initiative to “reduce work-related ill health”, which is a central goal of the 10-year strategy it published in 2022.

“To reduce workers’ exposure, we will build regulatory influence by working with our partners and others in the supply chain. From quarry to construction sites, the focus will be on eliminating risk and substituting with less dusty products and processes,” the HSE added.

The HSE said its plans to reduce work-related ill health will involve enforcement and that its inspections will “enforce preventive controls for occupational lung disease from exposure to respirable crystalline silica, wood dust and isocyanate paints”.

The direction of travel from the HSE, as evidenced not just by its comments in its business plan, but by its actions in bringing prosecutions, is clear: manufacturers should prepare for inspections of their approach to managing dust-related health risks and for enforcement action in the event failings are identified.

Charlotte O’Kane is a senior associate at Pinsent Masons