Boss escapes jail for silica use

TUC Risks 20th September

A company boss whose firm used deadly silica despite the process being banned for 58 years has received a £26,000 fine but has escaped jail.

Andrew Thomson, trading as Thomson Sandblast, of Great Harwood, was also ordered to pay £24,000 costs and was told that magistrates had considered a custodial sentence.

The Health and Safety Executive (HSE) investigated the company after receiving a complaint that sand containing free silica was being used for the dry sand blasting of vehicles. Blasting of articles using sand containing free silica has been banned since 1950 and can lead to silicosis, which is progressive, irreversible and can continue to develop after exposure ceases. It is also a known cause of occupational cancer and autoimmune diseases.

The firm was issued an HSE prohibition notice on 29 June 2006, requiring an end to sandblasting without adequate breathing protection for workers. When inspectors revisited the firm in February 2007 they found the notice had been ignored. HSE principal inspector Dorothy Shaw commented: 'When the premises were visited the general conditions were found to be poor. Vehicles were being dry blasted using what was suspected to be sand in a building that was not fully enclosed or had a filtered extraction unit. The respiratory protection equipment being used was in poor condition putting employees at risk from silicosis, which is a chronic obstructive, pulmonary disease characterised by breathlessness and a chronic cough.' She added: 'The dry blasting of vehicles with sand containing silica and the non compliance of enforcement notices are regarded as very serious matters by the HSE. When passing sentence on Mr Thomson, the magistrates commented that there had been a complete disregard for health and safety and that they had considered a custodial sentence.'