A manufacturing company and contractor have been prosecuted after failing to prevent exposure of workers and others to asbestos whilst cleaning an asbestos cement roof.
The manufacturing company contacted the contractor to clean its premises including the asbestos cement roof in September 2016.
The Magistrates’ Court heard that the work to clean the roof was unnecessary and had not been agreed in advance with the landlord of the property.
A Health Safety Executive investigation found that the contractor had failed to identify the risks involved. There were insufficient measures put in place to prevent exposure to asbestos when using an industrial high pressure jet washer to clean a fragile asbestos cement roof. Asbestos was subsequently found in debris around the premises.
The manufacturing company did not select a suitable contractor and did not monitor or supervise the work being carried out by the contractor on the roof. If the work was required, the company should have employed a specialist contractor with access to specialist cleaning equipment.
The manufacturing company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £8000 with £3913.94 costs.
The contractor, pleaded guilty to breaching Regulations 6 and 11 of the Control of Asbestos Regulations 2012 and was fined £330 with £3910.94 costs.
Speaking after the hearing HSE inspector said: “The case highlights the importance of following the advice and guidance that is freely available from HSE to prevent the risk of exposure to asbestos to members of the public and workers. Asbestos can cause serious diseases and still kills around 5000 workers per year. If the appropriate control measures had been taken then workers and members of the public would not have been put at risk”
Company fined after employees exposed to asbestos fibres
Operators of a natural gas storage facility, has been sentenced today after 13 employees and contractors were exposed to asbestos fibres.
The Magistrates’ Court heard that a team of three mechanical maintenance personnel were tasked with the removal of a non-return valve from a compressed air distribution system. Some of the sealing gasket material was difficult to remove so they used a wire brush mounted on an electric drill to remove the gasket material which spread fibres from the gasket around the maintenance workshop onto floors, work benches and clothing.
Two days later another employee of the company became suspicious of the fibrous dust, and having reported his concerns, arranged for a sample of the dust to be tested. It was found to contain chrysotile (white) asbestos fibres. The maintenance workshop was later closed to prevent access by employees and contractors.
The Health and Safety Executive (HSE) prosecuting told the court that the company had failed to identify in the risk assessment for this job that there were asbestos gaskets attached to the non-return valve. HSE also told the court that records held on site, which could have helped identify the presence of asbestos, were not adequate and that the maintenance team leader involved in this task had not undertaken asbestos awareness training.
The company pleased guilty to breaching Sections 2 (1) and 3(1) of the Health & Safety at Work etc, Act 1974.
The company has been fined £300,000 and ordered to pay costs of £12,670.72.
Speaking after the hearing, HSE Inspector said: “In this case the company substantially failed to manage the risks associated with asbestos found within their process plant and have needlessly risked the future health of 13 people. Employers should ensure that they have in place adequate arrangements for both the identification and management of asbestos which may be found in buildings or process plant.”
“Asbestos is a naturally occurring mineral fibre which was widely used in both building and engineering materials for its strength, heat and chemical resistance. This can cause serious diseases including mesothelioma, lung cancer and asbestosis which are often fatal. These diseases do not have an immediate effect, they often take a long time to develop, but once diagnosed, it is often too late to do anything. HSE’s Go Home Healthy campaign aims to prevent work-related lung disease by ensuring employers and workers have the information they need to work right.
http://press.hse.gov.uk/2017/two-companies-fined-after-workers-and-public-put-at-risk/
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Published on Friday 15th December 2017