Firm Fined £90k After Exposing Public to Asbestos
A construction firm has been fined £90,000 after exposing people to asbestos during a renovation project in Stoke-on-Trent.
Nathan Cook, prosecuting on behalf of the Health and Safety Executive (HSE) told the court how the regulator received a concern about asbestos disturbance. The concern related to a refurbishment project under the control of the company in Hanley.
Representatives from the local authority had attended the site and discovered significant amounts of asbestos-containing debris to the front and rear of the building and along the public highway.
An inspector from HSE then went to site and served two Prohibition Notices – prohibiting all work within and access to the surrounding area, other than by a licensed asbestos removal contractor for the purpose of making safe. A licensed asbestos removal contractor was then appointed to carry out a clean-up operation.
However, further investigation by HSE found that the company had failed to appoint a competent person to carry out a refurbishment and demolition asbestos survey of the premises prior to carrying out work on site. The company then allowed refurbishment to commence without knowing where the asbestos containing materials were, resulting in them being disturbed and potentially exposing workers and members of the public to harmful asbestos fibres.
Failing to attend court, the company was found guilty in their absence, breaching Regulations 5, 11 and 16 of the Control of Asbestos Regulations 2012 – and ordered to pay £90,000 in fines and further costs of £6,009 and a victim surcharge of £190.
Speaking after the hearing, HSE inspector Will Gretton said: “Asbestos is a class 1 carcinogen. Carelessness at this scale, met with a failure to attend court, is unacceptable.
“For that reason, any building constructed prior to the year 2000 must be assessed for the presence of asbestos prior to any disturbance work taking place, and any asbestos containing materials must be left undisturbed or be removed by a competent contractor under controlled conditions.
“By failing to take these simple steps, [the company] put workers and members of the public at risk of being exposed to a substance known to cause fatal illnesses including mesothelioma, lung cancer and asbestosis.
“HSE will not hesitate to take action where contractors are found to be flouting the law and putting people at risk, and this case should serve as a reminder to those engaged in this type of work that they have responsibilities when it comes to managing the risks associated with asbestos.”
HSE is running an awareness campaign, Asbestos and You, targeting tradespeople with information about the personal risks from asbestos that still exist across the country today.
Exposure to respiratory hazards such as asbestos can be extremely harmful to your health, but often won’t materialise until much later. It is essential that hazardous substances be managed appropriately to avoid ill-health or even death. For more information on regulations, RPE and PPE, you can speak to one of our RPE Experts using the button below.