Sad and ‘‘entirely preventable’’ death prompts focus of coroner and potential regulatory reform?

The tragic death of 28-year-old Wessam al Jundi from silicosis has prompted a coroner’s urgent call for action, placing renewed scrutiny on the dangers of artificial stone dust and the responsibilities of UK employers.

The Senior Coroner for West London, has issued a Prevention of Future Deaths Report Wessam al Jundi: Prevention of Future Deaths Report - Courts and Tribunals Judiciary requiring a response from the HSE and Government, following the sad passing of Wessam al Jundi, at just 28 years of age. 

Mr al Jundi was diagnosed with severe silicosis lung disease and was awaiting a lung transplant when he passed away in hospital on 22nd May 2024. The death adds to the worrying pattern of people working with artificial stone products (such as quartz) suffering irreversible lung disease. The problem has led to the manufacture of all engineered stone being banned in Australia since July 2024 and calls for the same to happen in the UK. 

In principle such deaths are, as the coroner states ‘‘entirely preventable’’ but the death and the HSE’s response, suggest that this will become an area of sharp focus in the coming years, given the recent guidance published in May 2024 and a 2025 prosecution of a Doncaster based stone masonry firm and its director for failures including protecting workers from exposure to stone dust.

Many people will be familiar with man made engineered stone materials such as quartz which are commonplace in households across the UK, often being utilised as kitchen worktops. However, when quartz or similar materials are cut, shaped or polished it creates Respirable Crystalline Silica (‘’RCS’’), a dust which is so small it cannot be seen but can be ingested. 

RCS is a known cause of silicosis which ‘‘causes a hardening or scarring of the lung tissue with no symptoms initially. Once it has developed, it is untreatable save for offering a lung transplantation’’. Clearly, this can present a problem for employers and employees alike and reinforces the need for safety procedures to be stringently enforced and followed, given serious health issues may be manifesting without anyone’s knowledge. 

The law

All employers, have a duty to ensure the health, safety and welfare of their employees while at work and non-employees affected by the operation, so far as is reasonably practicable (ss.2 and 3 of the Health and Safety at Work etc. Act 1974). 

In industries where workers or the public are exposed to hazardous or potentially harmful substances, (such as artificial stone dust containing RCS), there are further regulations including specifically the Control of Substances Hazardous to Health Regulations (COSHH) 2002 (‘’The Regulations’’).

The Regulations require that employers ought not expose any employee to substances that are hazardous to health unless they have carried out a ‘‘suitable and sufficient assessment’’ of the risk created by doing such work. The risk assessment needs to consider the hazardous properties of the substance and the level, type and duration of exposure amongst other factors. 

After considering the risks, the Regulations dictate that exposure to the substances hazardous to health is either ‘‘prevented or, where this is not reasonably practicable, adequately controlled’’. 

It is not enough for the employer to have these measures in place; they must also ensure staff are making ‘‘full and proper use’’ of any control measures.

Further and particularly relevant, given that RCS is ingested after being airborne and the way in which symptoms can be disguised, employers are expected to undertake ‘suitable health surveillance’ and monitoring of employees’ exposure to the hazardous substance. In practice, this means that employers are expected to have a comprehensive risk assessment and measures that follow which adequately protect workers from exposure to hazardous substances.

In industries like quarrying, slate works, worktop manufacturers and installers, such measures may include the use of water injected tools to prevent the spread of dust, PPE such as respirator masks, suitable ventilation and filtration, periodic air sampling and regular health surveillance (which may include chest X-rays and referrals to occupational lung disease specialists at regular intervals) and further training and awareness of the effects of non-adherence to the measures.

Comment

Although there is an existing regulatory framework about the steps that ought to be taken by employers to prevent exposure to RCS, there is clearly room for compliance to be improved across the sector. 

The reason for non-compliance, is likely to be multifaceted but a lack of awareness of the potentially devastating health impacts and a growing market for the use of quartz and other such materials as part of kitchen fitting are probable contributory factors. 

In response, the HSE is undertaking an awareness campaign and has engaged with stakeholders and market leaders to discuss further practical steps to protect workers from RCS.  

It has also stated its intention to release further guidance aimed at installers, their managers and supervisors, having already issued guidance about health surveillance for those exposed to RCS in May 2024 (https://www.hse.gov.uk/pubns/guidance/g404.pdf). 

It is unlikely the HSE would go to the lengths of issuing further guidance and embarking on awareness campaigns if it did not intend to also focus more on the industry in the future and dust exposure is one of the points looked at during inspections. 

As mentioned, since July 2024, Australia has banned the use, supply and manufacture of all engineered stone in response to a trend of similarly affected workers. Some doctors in the UK have called for an equivalent ban in this country. 

Interestingly alongside the HSE’s approach, The Agglomerated Stone Manufacturers Association and Worktop Fabricators Federation have proposed, the implementation of a licensing program for the fabricator’s profession similar to plumbers or electricians or the introduction of a standardised code of practice.

Clearly, whatever practical reforms and guidance are implemented in due course, there will be an increased focus from the HSE, with little sympathy for businesses that demonstrate poor compliance to existing health and safety legislation and guidance. 

Given HSE prosecutions can lead to substantial fines, businesses should, particularly in the relevant sectors, prioritise reviewing the contents of their current health and safety policies and procedures and considering compliance levels to ensure they meet the relevant requirements for the benefit of both workers and the organisation.