HSE Inspectors Focusing on Memorial Masons

The Health and Safety Executive (HSE) has recently updated its business plan. The updated plan includes the HSE’s priorities for 2025/26, with 14,000 business inspections planned during this period to ensure and enforce regulatory compliance.

The HSE aims to reduce and prevent occupational lung disease, with a particular focus on silicosis related to exposure to respirable crystalline silica. The Local Authority Circular (LAC 67/2), which expands upon the HSE’s business plan, details the sector focus for inspections. Businesses that cut and shape stone are listed, with a particular mention of gravestone masonry.

NAMM asked Synergy Environmental Solutions, who specialise in workplace air quality assessments, to offer their expertise and guidance to members to ensure compliance and the safety of all involved in memorial masonry. Matt Hayes, Managing Director at Synergy has contributed this article to help you navigate HSE regulations and the likely impact of inspections.

The Risks Associated with Respirable Crystalline Silica

The health risks linked to exposure to respirable crystalline silica (RCS) are well established. When inhaled, RCS particles can reach deep into the lungs and pose significant health dangers. The main concern is silicosis, a serious and irreversible lung condition marked by inflammation and scarring of lung tissue. Prolonged exposure to silica dust can result in severe forms of silicosis, which can be life-threatening. In addition, RCS exposure is associated with a heightened risk of lung cancer and other respiratory illnesses.

HSE Regulations

RCS falls under the Control of Substances Hazardous to Health (COSHH) 2002 Regulations. Sole traders to multi-national organisations are required by law to protect themselves and employees from hazardous substances in the air. RCS is part of COSHH and a priority for the HSE in 2025/26. Hazardous substances, such as RCS, have workplace exposure limits (WELs) that are detailed in the HSE’s EH40 2005 document.

RCS Exposure Limits

Before setting out RCS exposure limits, it is important to emphasise that these figures represent the legal maximum and staying below them does not necessarily mean employees are fully protected. Synergy advises employers to aim for levels below 10% of the workplace exposure limit (WEL), in line with the guidance provided in BS EN 689:2018.

WELs are the average concentrations of hazardous substances over a set period, known as the time-weighted average (TWA). Most WELs have short-term (15 minutes) and long-term (8 hours) limits. The RCS WELs below are given in milligrams per cubic metre

• Long-term exposure limit: 0.1mg.m3
• Short-term exposure limit: N/A

As RCS is a carcinogen, employers must reduce exposure to as low as reasonably practicable. Even if levels are below legal limits, further controls must be used where possible, as there is no safe level of exposure to carcinogens.

COSHH at a Glance

As you can imagine, reading the COSHH regulations can be quite a dry task. To ease this task, Synergy has a concise overview of regulations important to COSHH compliance. The key points include:

• COSHH Regulation 6 – Risk Assessment: Employers must assess and reduce risks from hazardous substances before work starts. This includes identifying substances and who is at risk, establishing control measures, training staff, and keeping records up to date.
• COSHH Regulation 7 – Prevention & Control: Employers should prevent exposure at source where possible (e.g. by using safer alternatives). If exposure can’t be prevented, it must be properly controlled to stay below legal limits.
• COSHH Regulation 8 – Control Measures: Suitable controls, such as local exhaust ventilation (LEV), PPE, or containment, must be used to protect workers and kept in good working order.
• COSHH Regulation 9 – Maintenance & Testing: Control measures must be maintained, checked and tested regularly to ensure they remain effective.
• COSHH Regulation 10 – Monitoring Exposure: Employers must monitor workers’ exposure levels to hazardous substances and compare them to legal limits, taking action if needed.
• COSHH Regulation 11 – Health Surveillance: Regular health checks must be carried out where there’s a risk of long-term harm or where work exposure can be connected to a health condition.
• COSHH Regulation 12 – Information, Instruction & Training: Workers must receive clear information and training on the hazards they face, how to work safely, and how to use controls and PPE correctly.

Steps to Maintain COSHH Compliance

To avoid falling foul of regulations and preparing for a surprise HSE inspection the following steps, following the COSHH regulations outlined above, should be followed:

1. Carry Out a COSHH Risk Assessment:
   • Identify tasks that create silica dust (e.g. cutting, drilling, grinding).
   • Assess who could be exposed and how.
   • Record the findings and keep them up to date.
2. Prevent or Reduce Exposure:
   • Use safer materials if possible (e.g. pre-cut blocks, ready-mixed products)
   • Use wet cutting methods or on-tool extraction to minimise dust.
   • Keep work areas well ventilated.
3. Use Proper Control Measures:
   • Install and maintain Local Exhaust Ventilation (LEV).
   • Avoid dry sweeping and use LEV-connected vacuuming or wet cleaning to avoid dust clouds.
   • Provide suitable Respiratory Protective Equipment (RPE) and make sure it fits properly (Face Fit Testing).
4. Maintain & Test Controls Regularly:
   • Check LEV systems at least every 14 months.
   • Inspect and replace RPE filters as needed.
   • Keep maintenance records.
5. Monitor Exposure Levels:
   • Carry out air monitoring to ensure dust levels stay well below WELs.
   • Take action if results show high levels.
6. Provide Health Surveillance:
   • Offer lung health checks (e.g. spirometry) for workers at risk.
   • Keep health records and act on any signs of ill health early.
7. Train and Inform Staff:
   • Make sure workers know the risks of silica dust.
   • Train them to use tools, LEV and PPE correctly.
   • Update training regularly.
8. Keep Good Records:
   • Keep copies of risk assessments, monitoring results, maintenance checks and health surveillance.
   • Be ready to show these to an HSE Inspector.
9. Fix Issues Promptly:
   • Act quickly on any faults with extraction, ventilation or PPE.
   • Review and improve controls if tasks or processes change.

It is important to note that if you do have an inspection, inspectors will be watching and listening, so it is vital that safety measures and practices are carried out by each and every employee. Having all the documentation and procedures in place can be undone if an inspector sees a worker acting unsafely or finds dusty surfaces.

Hierarchy of Control

One final tip that helps to ensure the safety of employees is to adopt the Hierarchy of Control. This is a framework that prioritises the effectiveness of controls from most effective to least effective:

• Elimination: The best option is to remove the hazardous substance from the workplace altogether.
• Substitution: If you can’t eliminate it, switch to a safer material or process to reduce the risk.
• Engineering Controls: Where removal or substitution isn’t practical, use physical measures like Local Exhaust Ventilation (LEV) to control exposure at its source.
• Administrative Controls: If engineering controls alone don’t do enough, put in place safe working procedures, rotate tasks, or limit access to reduce how long people are exposed.
• Personal Protective Equipment (PPE): If other methods still don’t fully protect workers, supply suitable PPE, such as well-fitted respirators, to safeguard individuals.

Final Thoughts

Navigating the complexities of COSHH compliance can be a daunting task. Regulatory knowledge and the complexities of monitoring hazards, laboratory results, and conducting health surveillance require specialist knowledge. COSHH regulations require risk assessments and monitoring to be carried out by a competent individual or organisation, and ideally, when RCS is involved, this should be an annual process. Calling upon an accredited Occupational Hygiene Consultancy can ease the risk assessment process and ensure the well-being of employees.