Stonemason 'as seen on TV' is prosecuted

Date:

25 October 2011

Release No:

HSE-e-43-11

A Cambridgeshire stonemasonry business has been fined over dangerous stone dust after the firm appeared on a BBC television programme.

Atelier 109 Limited, of Main Road, Etton, near Peterborough, featured in March 2010 in the BBC2 series, Mastercrafts, presented by Monty Don - but an eagle-eyed viewer contacted HSE to express concern over what he saw: inadequate precautions to protect workers from dust that can cause serious lung diseases.

HSE inspectors visited the company's workshop in May 2010 and served an Improvement Notice compelling Atelier to take action immediately to cut exposure to stonemasonry dust to within the legal limit.

When a further check was made, it was clear that, although improvements had been made, the ventilation system still had not been thoroughly examined and tested, so a second Improvement Notice was served on 12 February 2011.

When HSE inspectors visited the premises for a third time on 16 June this year they found that the action recommended had not been carried out, despite earlier tests revealing that dust levels for employees were between 100% and 300% of safe levels.

Atelier Limited pleaded guilty today at Peterborough Magistrates' Court to one charge of breaching section 33 (1) (g) of the Health and Safety at Work etc Act 1974. The company was fined £5,000 and ordered to pay costs of £1,400.10.

After the hearing, HSE Inspector Alison Ashworth said:

"Atelier were happy to get their moment on television, but rather less quick to protect their employees from a wholly avoidable risk that can have serious consequences and cause respiratory diseases.

"We understand the pressure that small businesses are under and this company was given ample opportunity on a number of occasions to make the necessary improvements. HSE only brought this prosecution when it became clear that the company was dragging its heels and failing to treat this issue with the seriousness it deserved.

"If you are a company and are issued with a notice requiring improvements to be made you can be expect to be prosecuted if you do not comply."

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. Section 33 (1) (g) of the Health & Safety at Work etc. Act 1974 states that it is an offence for a person "to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice modified on appeal)"

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