Legal News

The Health and Safety Executive (HSE) has successfully prosecuted private school Stonyhurst College in Clitheroe, Lancashire after a stonemason employed by the college developed potentially fatal lung disease.

The unnamed 55-year-old stonemason had worked for Stonyhurst College for nearly 12 years from 1999, as one of a team of stonemasons employed to repair the 200-year-old stone buildings.

In 2011, he was diagnosed with the serious lung condition silicosis – and four months later was made redundant by the college.

In April 2005, a second stonemason was employed – and the college employed a third in January 2009 to help with a major project to build a new four-storey building for the sixth form.

The project last 21 months and more than 400 tonnes of sandstone were used. The team of stonemasons worked intensively with power hand tools to cut, shape, chisel and finish the sandstone.

However, the HSE found that the college had failed to take any measures to monitor or reduce the exposure of the workers to silica dust – even though sandstone comprises 70%-90% crystalline silica.

The investigation by the HSE found that the stonemason and his colleagues could have been exposed to levels of silica dust more than 80 times the normal safe level for daily exposure.
Preston Crown Court was told that the college had failed to recognise the risks – and no equipment had been used to remove, capture or suppress the dust created by the tools used by the stonemasons.

The court heard that two of the stonemasons also frequently worked in the college workshop, in which there were no windows – and no way of extracting the sandstone dust, despite an extraction system being fitted in the adjacent joinery workshop in 2004.

The court was told that, even after the college was notified that one of the stonemasons had developed silicosis in July 2011, no action was taken to monitor exposure levels until the two remaining stonemasons were made redundant in November 2011.

As a result of his diagnosis, the stonemason with silicosis is suffering serious and irreversible health effects, the court heard – including reduced lung function and breathlessness, which prevent him from returning to his profession.
At Preston Crown Court, Stonyhurst College was fined £100,000 and ordered to pay £31,547.78 in costs, after pleading guilty to one breach of the Health and Safety at Work etc Act 1974 by failing to ensure the health and safety of its employees.
After the hearing, HSE Inspector Mike Mullen said:

“Stonyhurst directly employed stonemasons over a 12-year period – but it failed to take any action to ensure its employees weren’t exposed to high levels of silica dust.

“There was no attempt by the college to assess and manage its workers’ exposure – despite having their attention drawn to the risks by its own health and safety consultant in 2008.

“Silicosis is irreversible and can be a fatal disease. It leads to an increased chance of suffering from lung cancer, tuberculosis, kidney disease and arthritis – and it’s therefore vital the risk from silica dust is taken seriously.

“A worker who was previously very active now struggles to play outside with his grandchildren – and will suffer breathing difficulties for the rest of his life,” Mr Mullen added.

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