Successful legal battle exposes danger of silica dust

Each year, around 500 construction workers in the UK die from lung cancer linked to silica dust.  But because the illness typically takes between 10 and 30 years to develop after first exposure, it’s often decades before individuals affected see the full extent of the damage.

The Irwin Mitchell ‘Silica exposure register’

This was the case for Paul Gray and Stuart Johnson, who worked for stone production companies in West Yorkshire. Both men developed silicosis before passing away in 2019 and 2021.    

Following successful litigation, settled by Irwin Mitchell for their families, the UK-based law firm has set up the Silica Exposure Register, which focuses on recording details of worker exposure  to the substance, preparing them with data for any future legal claims. This register is a step in the right direction to protect workers from the dangers of silica dust, and these latest developments should send a clear signal to businesses: protect your workers now or expect legal action later. 

The danger of silica dust

Recognition is growing around the true extent of dangers from silica dust. The substance is naturally occurring, found in rocks, clay, and sand. In the construction industry, those working with affected objects, from concrete and bricks to kitchen cabinets, are at substantial risk from the silica particles released. 

Respirable crystalline silica has been recognised by medical bodies as a human carcinogen and directly linked to numerous diseases. The main condition often associated with the substance is silicosis, caused by scarring in the lungs from silica dust. This scarring leads to breathing difficulties, with symptoms often occurring decades after first exposure. There is also a well-known link between exposure to the substance and development of lung cancer, Chronic Obstructive Pulmonary Disease (COPD), and kidney disease.

The role of employers

With millions of construction workers at risk, there are clear steps employers should take in protecting employees from the risks of silica dust. To ensure there is no unnecessary exposure, the first task is to, where possible, complete chemical substitution, replacing materials containing high levels of silica with safer alternatives. The next step is the most straightforward: protecting workers in their day-to-day tasks. This includes removing dusty materials, where possible, or enclosing dusty operations in separate areas with mechanical ventilation, and providing suitable washing facilities and face-fit tested respiratory protective equipment (RPE). 

Beyond these measures, procedures and employee scheduling should be implemented to reduce prolonged exposure, and regular cleaning of the building should be scheduled. Rooms should be properly ventilated and, where possible, tasks should be automated. Emphasis should also be placed on health surveillance, including regular worker checks to detect early signs of silica-related diseases.  A culture of safety needs to be embedded into practices when dealing with such hazardous materials, make sure all are sticking diligently to a dust checklist of actions.

We cannot expect everything to change overnight; updating policies, procedures and solutions could take years. To expedite safety solutions, investing into staff training will ensure they are aware of all control measures in place, such as emergency planning and steps that must be taken should exposure occur. Going a step further, integration of reporting tools ensures incidents and exposures are logged for auditable compliance and potential legal exposure. 

Steps to risk reduction

Silica dust is a silent killer, with the full extent of damage only revealing itself decades after first exposure. But it doesn’t have to be. Whether it’s removing the substance entirely of the substance, day-to-day improvements like availability of RPEs and suitable washing facilities, or longer-term fixes with focused training sessions and increased ventilation, businesses can protect their workers from future harm. 

Max Smith is solutions consultant at EcoOnline. For more information, visit www.ecoonline.com