Silica Dust and Regulatory Oversight: How Quarries Can Stay Compliant

Earlier this summer, the Health and Safety Executive for Northern Ireland (‘HSENI’) announced their ‘Workplace Health-Exposure to Dust’ inspection campaign[1]. HSENI inspectors will visit quarries, concrete, and private waste facilities to ensure dust is being adequately controlled.

Where inspectors discover any significant risks, they may take enforcement action. Inspectors have a range of enforcement tools at their disposal to include advice, warnings, improvement and prohibition notices, cautions and even recommendations for prosecution. It is therefore important that dutyholders in quarries and similar operations are aware of their health and safety obligations with regards to dust to ensure they have complied with the legislation and avoid any potential criminal liability.

What are my legal duties?

Employers have a legal duty of care for employees and non-employees under Article 4 and 5 of the Health and Safety at Work (NI) Order 1978. They must ensure so far as is reasonably practicable that employees and anyone else affected by their undertakings are not exposed to risks to their health or safety. Employees also have a duty to take reasonable care for his own health and safety. However, it is the employer’s responsibility to ensure safe systems are in place, and adequate instruction, training and equipment has been provided for employee use.

Both employers and employees must comply with the Control of Substances Hazardous to Health Regulations (NI) 2003 (‘COSHH’) to reduce exposure to harmful dust.

Particular concerns centre around respirable crystalline silica dust (‘RCS’) in addition to respirable dust generally. Silica is found in almost all quarries as it naturally occurs in rocks. When the rocks are crushed, a fine dust is created. Over time, breathing in silica dust can cause harmful respiratory conditions such as silicosis, chronic obstructive pulmonary disease (‘COPD’), and lung cancer. Dutyholders should be aware that the Workplace Exposure Limit (‘WEL’) for respirable crystalline silica is 0.1mg/m3 and 4mg/m3 for respirable dust.

HSENI statistics have revealed that a quarry worker in Northern Ireland is over 5 times more likely to die from COPD or Chronic Bronchitis than a male member of the general population[2]. The statistics are a stark reminder of just how important it is to follow COSHH guidance and to exercise caution when it comes to respirable dusts.

Under the COSHH regulations, employers have a duty to:

• Carry out a risk assessment evaluating tasks, materials and processes that have the potential to generate or cause exposure to silica dust.
• Examine existing control measures and their effectiveness.
• If necessary, implement additional control measures to mitigate or eliminate risk of exposure. This may include elimination or substitution of materials, engineering controls such as local exhaust ventilation, water suppression or enclosing processes, or administrative controls such as restricting access to areas with high exposure to RCS dust. Respiratory protective equipment (‘RPE’) may also be used as a last resort to keep exposure below the WEL.
• Maintain control measures and monitor to check controls are effective.
• Provide information, training, and instruction to employees. Employees must be informed about the health risks of RCS dust and trained on how to use control measures and RPE effectively.
• Health surveillance where employees are regularly exposed to RCS dust and there is a reasonable likelihood that silicosis may develop. This may include the use of health questionnaires, lung function tests and in some cases, a chest X-ray.

Finally, a risk assessment is not a static document and should be reviewed regularly. Now is a good opportunity for employers to refamiliarise themselves with the COSHH guidance and review their practices and procedures in anticipation of HSENI inspection.

If you would like any further information or advice relating to health and safety law, please contact Eilis Maguire or another member of the Health & Safety team.

*This document does not constitute legal advice and should not be relied upon as a substitute for legal advice that is tailored to your individual circumstances.

[1] HSENI announces ‘Workplace Health – Exposure to Dust’ inspection campaign | Health and Safety Executive.

[2] Quarry Workers five times more likely to die from COPD | Health and Safety Executive.