Workers exposed to silica during sandblasting

Prosecutions and Claims |
19.09.2008

The owner of a sandblasting company has been fined for six health and safety breaches after exposing employees to silica.

Andrew Thomson, trading as Thomson Sandblast, used sand containing silica in the blasting of vehicles - a process which involves launching the abrasive material at high speed to clean off paint - despite warnings from the HSE that the use of sand in such a process is prohibited.

Fining Thomson a total of £26,000, Hyndburn magistrates said they had considered a custodial sentence.

HSE principal inspector Dorothy Shaw told HSP that the HSE first visited Thomson's premises in Blackburn, Lancashire, in 2002 after receiving a complaint from a neighbour about dust and noise from the site. The investigating inspector explained the restrictions on using silica-containing sand in blasting vehicles and also wrote to him. Following the visit, Thomson bought grit blast, a safe - but more expensive - alternative to sand.

Following another complaint in 2003, the HSE again visited Thomson, who showed them the safety data sheet (SDS) for the grit blast. In June 2006, after receiving further complaints, the HSE inspected the premises and took samples which showed that Thomson was in fact still using sand. The inspector also traced the supplier of the sand. The supplier's SDS was clear that the sand should not be used in certain processes, and Thomson had even signed to confirm he understood the product's restrictions.

As well as use of a banned substance, inspectors found conditions at the premises were poor. "There was dust billowing out, no ventilation, and the respirators were not in a good condition," said Shaw. The use of silica-containing sand combined with the inadequate respiratory protection put Thomson's two employees at risk of silicosis, a chronic obstructive pulmonary disease, which is progressive and irreversible.

The HSE issued a Prohibition Notice, stopping the use of silica abrasive in the sandblasting of articles, and Improvement Notices covering the maintenance of RPE, eating and drinking facilities, and engineering control measures. But when the HSE visited again in February 2007, conditions had not changed and a further Prohibition Notice was served.

Andrew Thomson admitted one breach of Section 2(1) of the Health and Safety at Work Act (HSW Act) for failing to ensure the health and safety of employees; three breaches of the Section 33(1) (g) of the HSW Act for contravening enforcement notices; and two breaches of Regulation 4(1) of the Control of Substances Hazardous to Health Regulations 2002, for using a prohibited substance.

As well as the fine, Thomson was ordered to pay £24,000 costs.