Boss’s pal faces death

Oct 10 2007 by Ben Guy, The Journal

A BUSINESSMAN whose negligence left one of his closest friends fighting a terminal disease was yesterday fined and ordered to pay costs totalling more than £13,000.

Robert Charlton failed to install proper safety measures at his Border Stone Quarries business in Kirkholmedale, Haltwhistle, Northumberland, exposing his staff to the risk of a killer lung-wasting disease.

And Tynedale Magistrates yesterday heard how one worker at the nine-year-old business had contracted an acute case of terminal silicosis.

The disease is caused by tiny dust particles, respirable crystalline silica, that are given off during stone masonry.

Charlton pleaded guilty to three counts of breaching Health and Safety Executive regulations relating to the stone masonry carried out at his business.

The offences came to light following a routine, unannounced inspection of the business, which has a turnover of £1.3m, by the HSE in October last year.

The court heard how Charlton had failed to install proper ventilation equipment, had failed to supply his employees with adequate protective clothing, including appropriate masks, and had failed to report the case of silicosis, which he is statutorily obliged to do.

Prosecuting for the HSE, Andrea Robbins said Charlton had failed to carry out a suitable risk assessment until it was too late.

She said: “The evidence gathered during my investigation shows that Mr Charlton failed to take all practical precautions to protect his employees.

“Had he complied sooner it is entirely possible that one of his employees would not have contracted the disease.

“Mr Charlton was aware of the risks and was aware that he was not taking suitable action to protect his employees. He fell well short of appropriate standards.”

The court heard how the sick stonemason had worked in a three walled booth, which opened onto a yard.

Last year, Charlton installed a dust extraction system, although this was found to be ineffective, with employees still exposed to five times the safe level of the killer dust.

Defending Charlton, William Mark-Bell said his client’s knowledge of safety regulations had been “hazy”.

He said: “Mr Charlton is very upset, and has been all along by the illness of the employee.

“He is a very good friend and the two of them have worked together for many years – he has played a key part in building up the business.”

Mr Mark-Bell added that his client had since done everything that could be “reasonably expected” to make the workplace safe. He added: “It is clear that these were offences of ignorance and were not malicious, reckless or deliberate.”

Charlton was fined £6,000 with £7,602 costs. Speaking outside court, he said: “I do feel really sorry for him and somebody has to be held accountable.”

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Employers warned to safeguard staff

YESTERDAY’S hearing serves as a warning to other quarrying companies, a Health and Safety Executive inspector said.

Inspector Andrea Robbins said other quarrying companies needed to be aware of the fatal consequences of failing to take proper precautions against silicosis.

She said: “Breathing in the very fine dust of crystalline silica can lead to the development of silicosis, which in its most acute form can result in premature death.

“It is vital employers monitor dust levels to assess the risk of exposure of employees, and that they put control measures in place to reduce the levels
to which employees are exposed, and consequently reduce their risk of developing silicosis.

“It is an offence to not report a case of silicosis to the enforcing authority.

“This prosecution serves to publicise the need for employers to be vigilant in identifying substances in their business which can affect workers’ health.

“In particular, companies who generate stone dust, which contains silica, should take precautions to protect their employees’ health.”