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19/11/2015

Stone Masonry Owner Fined For Failing To Protect Employees' Health

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The boss of a stone masonry company has been fined after workers were exposed to materials which could cause life-changing health conditions.

Thomas Bushby, of Castleside, Consett, 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 £2,500 with nearly £2,000 in costs.

Consett Magistrates' Court heard how Mr Bushby, owner of JLD Stone, did not take the required actions to prevent the health risks to his employees from silica and vibration

Risk from these factors are well-known and manageable, however Mr Bushby did not take any action despite having received previous advice from the Health and Safety Executive (HSE).
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During an HSE Investigation, it was discovered Mr Bushby did not provide adequate control of silica, which can cause silicosis and lung cancer.

Operators were not provided with masks for tasks which needed them, other operators were provided with masks which were not suitable due to their facial hair and stone dust was swept up rather than vacuumed.

Tasks were carried out by employees using vibrating tools such as air hammers, of which no assessment was made of the risk this could pose. Lower vibration tools were not identified which would have greatly reduced exposure to vibration.

In addition, an employee was diagnosed with hand-arm vibration syndrome in 2009 and another with the same condition in 2014.

Overall, HSE found that no health surveillance was carried out on Mr Bushby's employees between 2008 and 2014.

HSE 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."

(LM/MH)

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