Background
In recent years there has been a significant increase in the popularity of using artificial stone in kitchens and bathroom worktop fittings with many retailers and trade suppliers emphasising its benefits for durable, low maintenance and aesthetic qualities. The material is made from a crushed natural stone bound with resins and colourings to create a hard surface. This is often sold as quartz worktops but may also have the terms ‘artificial marble’ or ‘granite composite’.
Recent studies have found the artificially manufactured material contains up to 90-95% crystalline silica (“silica”) compared to less than 5% for the natural granite and marble stone.
The significantly high levels of silica can create a health hazard when being manufactured and during the cutting/grinding/shaping process during installation from domestic or commercial fitters. The cutting and polishing of the material creates substantial amounts of fine dust particles leading to risks of workers developing silicosis including many who are fit, young and without any previous health issues.
What is silicosis?
Silicosis, a form of pneumoconiosis, is a lung disease caused by the inhalation of crystalline silica dust, typically over a number of years. It is characterised by inflammation and scarring (fibrosis) in the upper lobes of the lungs causing loss of lung function. The disease is incurable and can lead to severe lung damage and disability.
Growing awareness of the risk
The emergence of silicosis among tradespeople fitting kitchens and bathrooms has led to increased scrutiny and potential litigation. The NHS Race and Health Observatory reports that doctors became aware of the risk of silicosis associated with working on what was then a new material, artificial stone, around 10 years ago. Analysis undertaken in Israel, Australia, Spain, USA and the UK revealed the disease was more common in black and ethnic minority groups working in the stone cutting / kitchen worktop industries.
Health experts have expressed concern about the short latency period for development of symptoms, particularly in comparison with other types of respiratory occupational disease. The Society for Thoracic Radiology reported that in an Australian study of 78 workers with silicosis, almost half were reported to have had an accelerated development when compared to workers in other industries. Other studies recorded that some patients have developed symptoms after merely four years of exposure to artificial stone.
The International Response
In July 2024 Australia became the first county to ban artificial stone use. The national government body Safe Work found that stoneworkers made up a large proportion of patients diagnosed with silicosis, with union leaders likening the material to asbestos.
Similarly, the US state of California implemented emergency legislation to protect workers from inhaling silica dust from artificial stone.
In the UK the response has been more measured, despite growing calls by health professionals and trade unions. The House of Lords debated restrictions on the use of engineered stone in January 2024, although there was controversy over whether there were any reported cases of long-term exposure to silicosis linked to engineered stone. Journalists discovered UK cases recorded during mid-2023, highlighting the need for improved safety measures and regulations. The trade union TUC reported in August 2024 of eight confirmed cases of silicosis from UK workers working with artificial stone.
UK Legislation and the employer’s duty of care
The statutory duties on employers in relation to the risks to health posed by harmful substances are set out in the Control of Substances Hazardous to Health Regulations 2002 (“COSHH”). These provide directives on risk assessments, prevention measures to reduce or eliminate exposure, monitoring exposure levels, information/training to employees and health surveillance of employees.
In addition, employers are under a common law duty to take all reasonable steps to protect the health and safety of employers. The standard of care is that of the “reasonable employer”. The “reasonable employer” is assumed to keep abreast of the developing understanding of risk and instigate safe systems of work in the light of that knowledge. That certainly includes, for example, consulting relevant advice from the Health and Safety Executive (HSE).
Whilst there is currently no ban on working with artificial stone material in the UK, employers should nonetheless be mindful of their duty to limit any potential exposure of hazardous material to their employees or face the risk of compensation claims from those suffering with such disease as a result of their work.
Risk Prevention
The HSE has produced guidance for stonework industries including specific topics for installation work on artificial stone. This includes measures to be taken during cutting sanding, grinding or installation which creates dust.
Under the COSHH Regulations, employers should ensure the all employees working on the site are adequately trained and provided with sufficient warnings/guidance/signage on the potential risks from high levels of dust and silica exposure together with instruction on the applicable control measures. Employers should ensure that any such control measures are monitored and enforced, with the same legal duties applying to self-employed persons. The HSE guidance also provides that, where possible, preparation and cutting of such material should be dealt with away from site, with appropriate use of a wet cleaning or vacuum system along with provision of appropriate PPE. Risks can also be reduced by use of a water suppression system, avoiding dust entering heating or ventilation systems and appropriate cleanup after work is completed using wet methods to properly discard debris.
As recently as 7th January 2025 the HSE issued, in partnership with industry, “New simplified advice for installers of stone worktops”, expressly to remind those responsible for managing workplace health and safety, and workers themselves, about the need to ensure that suitable procedures and controls are in place to protect against exposure to stone dust and prevent workers breathing in respirable crystalline silica. The guidance provides a helpful list of “do’s and don’ts for installing stone worktops”.
Conclusion
The emergence of silicosis among tradespeople involved in the installation of kitchens and bathrooms using artificial stone has prompted understandable concern and pressure for increased regulation. The UK may follow Australia's lead in banning artificial stone, with increased pressure on the Government to implement stricter regulations and safety measures.
In the interim, employers should keep abreast of advice on best practice, in particular from the HSE, and ensure that they are taking all necessary precautions to minimise the risk of disease.
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