Cutting it out: the HSE cracks down on engineered stone dust
On 11 May 2026, the Health and Safety Executive announced a major package of measures to protect workers from the dangers of engineered stone dust. The announcement, which includes publication of the first COSHH guidance sheet specifically for engineered stone and a nationwide inspection programme of over 1,000 fabricator visits, represents the most significant regulatory intervention in this sector to date.
Background
Engineered stone is artificial stone manufactured using crushed natural stone or minerals bonded together with resin. It is widely used in kitchen and bathroom worktops and can contain up to 95% crystalline silica. When cut, drilled or polished, it generates respirable crystalline silica dust, which is fine enough to penetrate deep into the lungs and is invisible to the naked eye. Inhalation of this dust causes silicosis, an incurable lung disease, as well as lung cancer. Critically, unlike natural stone, where silica-related disease typically takes decades to develop, exposure to engineered stone dust can cause silicosis in a matter of months or years, and workers can suffer permanent, irreversible lung damage before experiencing any symptoms.
International concern has intensified in recent years. In July 2024, Australia became the first country to impose a national ban on engineered stone, extending that ban to importation in January 2025. California has implemented stricter exposure controls, a step which other US states are predicted to follow. In the United Kingdom, the deaths of two young workers from silicosis prompted calls for action from MPs, trade unions and medical professionals. Multiple cases following the same accelerated pattern have been identified, and there are calls from clinicians and coroners for steps similar to those taken in Australia.
The HSE's new guidance
Against this backdrop, the HSE undertook a two-year programme of research and industry engagement and concluded that the most effective and proportionate course of action was to ensure that proper controls are in place and actively enforced. The HSE's research found that dry fabrication typically results in exposure to respirable crystalline silica five to ten times higher than wet methods using equivalent tools. It also found that lower-silica engineered stone is available at the same quality, removing any reason for businesses not to switch to less dangerous products.
The resulting guidance, published as COSHH Essentials sheet ST3A, effectively rules out dry cutting of engineered stone, unless a business can demonstrate that an equally effective or better control is in place. It sets out in plain terms what employers must do:
- Switch to engineered stone with a low silica content
- Use on-tool water suppression
- Control the mist generated by that water suppression (because it contains crystalline silica)
- Provide powered air purifying respirators with an assigned protection factor of at least 20
- Carry out regular health surveillance
- Clean the work area regularly
The guidance also addresses matters including personal decontamination, the use of contract laundries for work clothing, maintenance and examination of equipment, and training and supervision.
The HSE has made clear that this is not a new law or a formal prohibition but rather practical advice on how compliance with Control of Substances Hazardous to Health Regulations 2002 (COSHH) can be achieved by applying established principles of good practice. The HSE confirms that employers are not compelled to follow the guidance, but if they do, they will "normally be doing enough to comply with the law". The practical effect, however, is considerable: the guidance is to be backed by a nationwide inspection programme of more than 1,000 visits to fabricators across Great Britain, commencing in May 2026 and running through the 2026/27 period, with enforcement action taken against those failing to meet the required standards.
The HSE is also working with manufacturers, suppliers and importers to encourage the supply of lower-silica products.
Implications for the personal injury landscape
The guidance crystallises the standard of care expected of employers working with engineered stone. Whilst it is not legislation, it provides a benchmark against which the courts are likely to assess breach of duty in personal injury proceedings. An employer who has not implemented the controls described in the guidance may find it difficult to rebut allegations of negligence.
The accelerated onset of silicosis associated with engineered stone means that claims are likely to arise in respect of relatively recent exposure, distinguishing them from the long-latency occupational disease claims that have historically dominated this area of law. This may simplify questions of causation and exposure for claimants, whilst limiting defendants' ability to raise limitation defences. The continued press and regulatory attention is likely to generate greater awareness among affected workers, potentially leading to a rise in cases.
There are emerging experimental treatments for silicosis, including antifibrotic drugs, whole lung lavage and stem cell therapies. Should any of these treatments become established, defendants may see private treatment costs being sought in silicosis claims, mirroring the approach already familiar in mesothelioma litigation.
The landscape is developing rapidly. The HSE's intervention, whilst stopping short of an outright ban on engineered stone, represents a significant escalation in the regulatory environment and will inevitably shape the trajectory of silicosis claims in the years ahead.
Employers directly engaged in working with engineered stone should review their procedures and ensure that their processes comply with the revised guidance. The insurers of such businesses may decide it is prudent to take positive steps to satisfy themselves that existing or potential insureds are compliant.
