William Anelay fined for lung diseases in masons exposed to dust

Yorkshire-based stone and conservation company William Anelay have been fined £30,000 with £6,000 costs for exposing their masons to respirable crystalline silica (RCS) dust.

The company appeared at York Crown Court this month (February), when the Health & Safety Executive (HSE), prosecuting, said that although high levels of airborne silica had been identified as long ago as 1994 during a monitoring survey, subsequent measures taken to protect employees had been inadequate.

As a result, two masons have been left with potentially life-shortening lung disease.

Following the case, HSE is once again warning stone companies to take appropriate safety precautions to protect employees from exposure to dust. 

William Anelay Ltd, of Murton Way, Osbaldwick, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 that states: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”

The court heard that two employees, who had been working at William Anelay as stonemasons for many years, fell ill after being exposed to uncontrolled levels of respirable crystalline silica, caused primarily by dry stone carving without extraction ventilation or use of protective equipment. The exposure occurred between May 1994 and July 2008.

Both men have been left with long-term lung damage that the court heard is so severe that one of the men has since been forced to take early retirement and the other has been unable to return to work as a stonemason.

HSE Inspector Julian Franklin said after the case: “Today’s verdict shows that the working practices at William Anelay Ltd were inadequate and dangerous. 

“During the investigation, HSE found that a combination of dry stone cutting with no ventilation or use of protective clothing resulted in the workers breathing in hazardous levels of respirable crystalline silica. 

“This was allowed to happen for many years, which has meant that not only do both men have to cope with life-long, serious health issues, their careers have also been affected.

“Had the company acted on the information they received after a survey in 1994, these men may not now be suffering from serious illnesses.

“I would like to remind employers working with silica-based materials… that it is vital they take the correct steps to prevent a similar situation.”

Almost all stone contains some level of silica. Sandstone and granite contain the highest levels and engineered quartz has higher levels still.

HSE has produced a lot of practical advice and guidance about this issue. It can be found either by visiting their website (www.hse.gov.uk) or contacting the telephone information line on 0845 345 0055. Your local HSE office should also be able to help.

NSS invited William Anelay MD Vernon Carter to comment but he declined to do so.