Have a question?
033 3772 0409

Personal Injury Solicitors

Stonemason prosecuted for failing to protect workers from silica and hand-arm vibration injuries (25 November 2015)

Date: 25/11/2015
Duncan Lewis, Personal Injury Solicitors, Stonemason prosecuted for failing to protect workers from silica and hand-arm vibration injuries

The Health and Safety Executive (HSE) has prosecuted the owner of a stone masonry company for failing to protect the health of his workers – and exposing them to the preventable risk of suffering life-changing conditions.

Despite owner Thomas Bushby having received previous advice from the Health and Safety Executive, he failed to take adequate safety precautions to protect his workforce.

An HSE investigation found he did not provide adequate control of silica – exposure to which can cause silicosis and lung cancer – including not providing operatives with appropriate masks for tasks which needed them.

Operators were also not provided with suitable masks because of their facial hair – and stone dust was swept up, rather than being vacuumed up.

The HSE also found that employees carried out tasks using vibrating tools – including air hammers – but no assessment was made of the risk from this.

Bushby also did not use lower vibration tools, which would have greatly reduced exposure to vibration. The tools in use had very high vibration levels, meaning employees were likely to be exposed above the exposure limit value.

An employee of Thomas Bushby (trading as JLD Stone) was diagnosed with hand-arm vibration syndrome in 2009 – and another was diagnosed with the condition in 2014.

During an investigation, HSE also found that no health surveillance was carried out on Mr Bushby’s employees between 2008 and 2014 – regular health surveillance is a way of identifying early symptoms of disease, so action can be taken to lessen the risks of injury or prevent disease from progressing.

At Consett Magistrates’ Court, Thomas Bushby of Castleside in Consett, County Durham, pleaded guilty to offences under Regulation 7 (1) of the Control of Substances Hazardous to Health Regulations 2002 and Regulation 5 (1) and 7 (1) of the Control of Vibration at Work Regulations 2005.

He was fined a total of £2,500 and was ordered to pay £1,921.29 in costs.

After the hearing, Health and Safety Executive Inspector Fiona McGarry said:

“Serious irreversible ill health, or even death, can result from exposure to silica – and hand arm vibration syndrome is a permanent disabling condition.

“Employers need to take action to ensure they are providing adequate control to protect the health of employees.”

Duncan Lewis Personal Injury Solicitors – No win no fee Hand-Arm Vibration/ Silicosis Claims

Duncan Lewis personal injury solicitors can advise workers who have sustained hand-arm vibration, vibration white finger injuries, or silicosis disease as a result of negligence in the workplace on how to make a no win no fee claim for compensation.

Claims for hand-arm vibration injury or silicosis disease have to be made within three years of injury or diagnosis of disease.

Duncan Lewis can also advise on interim payments for claimants, rehabilitation, welfare benefits and adaptations to the home.

For expert legal advice on no win no fee Hand-Arm Vibration/ Silicosis Claims for stone workers and other industrial workers, call Duncan Lewis personal injury solicitors on 0333 772 0409.


For all Personal Injury related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.