> Disclaimer: SiteKiln gives you plain-English information, not legal or health and safety advice. Always follow your site-specific risk assessments and talk to a qualified professional.
The short version
Under COSHH, you already have to keep exposure to hazardous construction dusts -- especially respirable crystalline silica (RCS) from concrete, brick, stone and tiles -- as low as reasonably practicable, and below the workplace exposure limit (WEL) of 0.1 mg/m3 (8-hour TWA) for silica.
On top of that, HSE have tightened guidance and health surveillance around silica, and there's a Silica Dust (Exposure) Bill in Parliament that, if it progresses, would clamp down further on practices like dry-cutting high-silica engineered stone and bring in more screening and reporting.
Where you stand today (law as it is now)
Under COSHH and current HSE guidance:
- Construction dust (silica, wood, some insulation and cement dusts) is classed as a hazardous substance.
- The WEL for respirable crystalline silica is 0.1 mg/m3, averaged over an 8-hour day; it's also classified as carcinogenic and "capable of causing cancer and/or heritable genetic damage".
- That limit is a ceiling, not a target -- you must reduce exposure to as far below it as reasonably practicable (ALARP).
Legally you must:
- Assess where dust is generated (cutting, chasing, grinding, breaking, demolishing, sweeping).
- Plan and apply controls: avoid or reduce dust generation, use water suppression and on-tool extraction, use proper M- or H-class vacuums, segregate dusty work, and as a last line use suitable RPE.
- Provide information, instruction and training on dust risks and controls.
- Provide health surveillance for workers regularly exposed to silica dust at levels where there is a reasonable risk of disease, following HSE's updated RCS health surveillance guidance.
So even before anything "new" lands, most small builders are already meant to be controlling dust quite tightly -- a lot of sites just haven't caught up with that reality yet.
What's changing / tightening
The headline shifts aren't a new WEL (yet), but more pressure and potential law changes around how you work:
- HSE have refreshed guidance on health surveillance for workers exposed to respirable crystalline silica, signalling more focus on screening and early disease detection.
- There is growing pressure -- including from campaigns and safety bodies -- for the UK to reduce the silica WEL to 0.05 mg/m3, in line with some international moves; this is being actively discussed, even though the legal WEL is still 0.1 mg/m3 today.
- The Silica Dust (Exposure) Bill 2024-26 in Parliament would, if progressed, bring in:
- A ban on dry-cutting high-silica engineered stone.
- Stronger requirements around prevention, monitoring and reporting of silicosis and silica-related lung disease.
- A programme of screening for at-risk workers, and a clearer role for HSE in silica oversight.
It's a Private Member's Bill, so it may change or stall, but it tells you where policy and HSE's attention are headed: less tolerance of dusty methods, more focus on health surveillance and evidence.
What this means for you on site (practically)
Whatever happens with the WEL or the Bill, if you're cutting, chasing, grinding or breaking concrete, stone, brick or tiles, assume the bar is rising, not falling.
On your jobs you should be:
Avoiding dusty methods where you reasonably can
- Use pre-cut materials, off-site cutting, factory-finished products where you can.
- Choose fixing methods that reduce chasing/cutting on site.
Controlling dust at source when you can't avoid it
- On-tool extraction with matched shrouds and at least M-class vacuums for silica; H-class where risk justifies it.
- Water suppression for saws and drills where suitable, keeping the cut damp rather than soaking electrics.
- Planning work so dusty tasks are segregated, done outside where possible, and away from other trades and the public.
Stopping bad habits
- No dry-cutting concrete/stone with no extraction or water -- this is exactly what HSE and the Bill are targeting.
- No sweeping or blowing dust with compressed air -- use vacuums.
Using RPE properly
- Respirators that match the dust and the task (e.g. properly-fitted FFP3s or half masks with P3 filters for silica), plus fit testing and maintenance.
- Not relying on masks alone -- they are last line of defence, not the main control.
Getting health surveillance in place if you're regularly in dust
- For your own firm, that means talking to an occupational health provider if you or your people are on dusty work week in, week out.
- For workers under others, that means expecting health checks where you're clearly in a high-risk group, in line with HSE's updated silica health surveillance guidance.
If the WEL does drop in future, or the Bill passes, firms that are already doing the above will mostly be adjusting the dial, not ripping everything up.
What to do next
- Stop dry-cutting concrete, stone or tiles without extraction or water suppression -- this is the single biggest thing you can change today.
- Get on-tool extraction with at least an M-class vacuum for all silica-generating tasks.
- If you or your team are on dusty work regularly, talk to an occupational health provider about setting up lung function tests.
- Make sure your RPE is properly fit-tested -- an FFP3 that doesn't seal is no protection at all.
- Use vacuums to clean up, never sweep or blow dust around with compressed air.
Sources
- Control of Substances Hazardous to Health Regulations 2002 (COSHH) -- duties to assess and control exposure to hazardous substances.
- Health and Safety at Work etc. Act 1974 -- general duties.
- Management of Health and Safety at Work Regulations 1999 -- risk assessment and health surveillance duties.
- HSE -- Construction dust and silica guidance under COSHH, including control methods and duties.
- Silica Dust (Exposure) Bill 2024-26 and commentary on proposed bans and screening/reporting duties.
Disclaimer
This guide is general information for small UK construction businesses and trades, not formal legal or occupational health advice.
SiteKiln is not a law firm and this page is not a substitute for getting advice on your specific situation.
Health and safety law, COSHH workplace exposure limits and HSE guidance on silica and construction dust are updated from time to time. The Silica Dust (Exposure) Bill is still in Parliament and may change or not progress, so check the current legal position before relying on it.
If you're dealing with silica exposure, silicosis or work-related lung disease, or you need to set up health surveillance for your team, get specific advice from a competent occupational health professional and/or solicitor before you make big decisions.
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