Industry must act on RCS to prevent further regulation

RESPIRABLE crystalline silica (RCS), the recent reduction in the Workplace Exposure Limit (WEL) for RCS from 0.3mg/m3 to 0.1mg/m3, and the impact of the Social Dialogue Agreement (SDA) were the topics under discussion at the Quarry Products Association’s annual health and safety seminar on 22 November 2006.

Although silica has not claimed as many lives as asbestos, it is still a carcinogen and inhalation can result in death. As medical conditions caused by respirable crystalline silica are considered to be preventable it is therefore logical for industry sectors working with silica to do what they can to limit the risks.

According to Simon Matthews, an associate with legal services organization DLA Piper UK LLP, the issue that generated the most discussion at the seminar was the implementation of the SDA (a social agreement entered into between representatives of employers and employees in the industry).

‘Although it has no legal weight, save the threat of legislation if it does not work, it was interesting to consider who the voluntary agreement is meant to attract,’ said Mr Matthews.

Dr Colin Davy, HM Specialist Inspector, spoke at the seminar and advised that the HSE will be looking to monitor and enforce ‘good practice’ consistent with the HSE COSHH Essentials and the SDA. Interestingly, however, the HSE will not be specifically monitoring or enforcing the new WEL.

‘There will naturally be a group of employers who are willing to take on the financial commitment associated with the recommended dust models, health surveillances and other steps recommended,’ commented Mr Matthews. ‘The flip side to this is that there will be others who are willing but unable to adopt some of the good practices because they lack the resources to do so. There will also be those who are simply unwilling.’

Statistically, the willing and able group may well be so large that it dwarfs the other two groups. As such, the figures for dust monitoring and health surveillance submitted for the UK may paint a picture of a high degree of compliance, and in light of that the SDA may be viewed as working simply because the largest proportion of submissions are positive.

However, according to Mr Matthews, this may hide entirely non-compliant businesses. ‘On balance, it is important for the voluntary agreement to be implemented by all parties and for proactive employers in the industry to support and encourage others to prioritize the health of their workforce,’ he said. ‘The European Commission has made it clear that it will legislate if it is not implemented, resulting in the HSE acquiring powers to enforce better workplace practices.’