A RECENT HSE prosecution against Puratos Limited shows how quickly a routine housekeeping issue can become a serious compliance failure and health and safety risk. The company was fined after inspectors found dust escaping from machinery, compressed air being used to blow down deposits, and staff dry-sweeping dust, all of which contributed to workers being exposed to hazardous dust levels.

This underscores that, no matter the industry, employers cannot treat workplace dust, cleaning methods, or routine maintenance as low-priority operational issues.

The legal basis for dust control

Under the Health and Safety at Work Act 1974 and other related law and regulation, employers have a legal duty to ensure the health, safety, and welfare of their employees. This means employers must assess the risks, put effective control measures in place, ensure regular training of employees, and keep those controls under ongoing review.

Routine housekeeping tasks can easily be deferred and treated as something to deal with when there is time rather than as an ongoing control measure. In reality, this can be a marker of wider control failures, particularly where dust, debris, or residues are allowed to build up and become airborne during normal work or cleaning.

Under the Control of Substances Hazardous to Health Regulations (COSHH), employers must protect workers from substances hazardous to health, including dust where exposure levels create a risk, and they must take steps to prevent exposure or control it adequately where prevention is not reasonably practicable.

What employers are required to do

Employers must not leave exposure to chance. They should carry out a suitable and sufficient risk assessment, understand where dust or other hazardous substances are generated, decide what controls are needed and make sure those controls are actually working in practice.

Compliance with COSHH involves much more than completing a risk assessment and filing it away. Employers should regularly review the effectiveness of their control measures, ensure that equipment is properly maintained, provide employees with suitable information, instruction and training, and monitor exposure where appropriate. This is particularly important where there is any indication that existing controls may not be working as intended or where workplace conditions have changed.

The controls that should be in place

Effective control starts with the right hierarchy of measures. Where possible, employers should prevent exposure at source through design, enclosure or extraction, rather than relying on people to avoid dust manually after it has already been created. Best practices include: 

Risk assessment and control measures: A thorough risk assessment helps to identify potential respiratory or other hazards in the workplace. This should include evaluating tasks, processes, and substances that could lead to potential danger for employees, including inhalation of harmful particles or gases.

It is important to minimise exposure to harmful substances. Under COSHH, the framework for controlling hazardous substances includes substituting harmful substances with safer alternatives where possible and using engineering controls, such as ventilation systems, to reduce exposure.​

People-focused measures:  Personal protective equipment (PPE) provision is essential. Respirators, for example, can be used to minimise exposure to dust and respiratory irritants. Employers should ensure that their staff have access to information and training about how to use PPE correctly and safely. In addition, training should equip employees with knowledge to recognise the symptoms of lung or respiratory diseases and the risks associated with exposure to hazardous substances.

Ongoing management: Carry out health surveillance. Where workers are exposed to hazardous substances and there is a risk of occupational ill health, employers should implement appropriate health surveillance. This can help identify early signs of respiratory disease and ensure that any adverse findings are investigated promptly, with suitable action taken to protect employees and review existing control measures.

Records relating to risk assessments, training, health surveillance, and the maintenance of control measures should be kept up to date and reviewed regularly. These records can help employers monitor the effectiveness of their arrangements, identify emerging risks, and demonstrate compliance with legal obligations.

Employers must also have clear emergency procedures in place in case of accidents or incidents resulting in exposure to hazardous substances. This includes having first-aid measures available, as well as clear evacuation procedures if necessary.

The cost of getting it wrong

Although headlines often focus on the size of a fine, the wider impact of health and safety failures can be far more significant. Alongside enforcement action, businesses may face long-term consequences such as worker ill health, reputational harm, operational challenges, and increased regulatory attention. The Puratos prosecution is a reminder that effective health and safety management is not simply a compliance exercise; it is an essential part of protecting both people and the business itself.

Elynor Drinkwater is associate solicitor at rradar

For more information: 

rradar.com

Tel: 03300 414 996