Prosecutions
Companies fined after exposing employees and the general public to Asbestos
25/10/2009
Two companies have been prosecuted recently after workers and members of the public were exposed to high levels of asbestos during a removal project.
The HSE prosecuted the companies after an unlicensed contractor carried out the specialist work at a warehouse in Enfield.
In November 2005, Company A contracted Company B to remove the roof of a building. The roof was lined with asbestos insulating board that contained brown asbestos fibres (Amosite). Amosite removal requires highly controlled conditions managed and removed by licensed asbestos contractors.
Company B pleaded guilty at to Regulation 3(1) of the Asbestos (Licensing) Regulations 1983, and Sections 2(1) and 3(1) Health & Safety at Work etc Act 1974. They were fined £25,000 and were ordered to pay costs of £33,844.30.
Company A pleaded guilty at to Section 3(1) Health & Safety at Work etc. Act 1974. They were fined £40,000 and were ordered to pay costs of £19,223.65.
Company B’s employees spent over 10 weeks removing and smashing the boards before sweeping the dust and debris into bags. The workers were not provided with effective protection, even after the company found out that the material being cleared contained Amosite.
Managers from Company B allowed the work to continue even after employees complained and a tested sample showed the presence of asbestos. Workers at the site were exposed to potentially deadly fibres, which were carried on their clothes and into their homes, vehicles, onto public transport, and may have contaminated the general public and their own families.
Following the hearing an Inspector from the HSE commented:
“Company B’s cavalier attitude towards the removal of the asbestos has put the future health of their employees, their employees’ families and members of the public in general at serious risk. The exposure suffered by the men working on this project is the worst our specialist inspector has seen in over 15 years of dealing with asbestos cases.
“Not everyone exposed to asbestos goes on to develop life-threatening or terminal asbestos-related conditions such as lung cancer, asbestosis or mesothelioma. However, when people do develop such conditions, it is often many years after they were exposed. All the men exposed, and their families, will have this hanging over them for the rest of their lives.
“The actions of Company B in this matter were unpardonable; they were told two weeks into the project that they were working with brown asbestos but carried on for another 10 weeks.
“Noble Gift Packaging Ltd, as client for the work, should have taken the basic step of having a full asbestos survey done after they were informed in a valuation survey that the roof contained asbestos. This could have prevented this whole tragic case.
“HSE will always push for the harshest penalties in such cases.”
In November 2005, Company A contracted Company B to remove the roof of a building. The roof was lined with asbestos insulating board that contained brown asbestos fibres (Amosite). Amosite removal requires highly controlled conditions managed and removed by licensed asbestos contractors.
Company B pleaded guilty at to Regulation 3(1) of the Asbestos (Licensing) Regulations 1983, and Sections 2(1) and 3(1) Health & Safety at Work etc Act 1974. They were fined £25,000 and were ordered to pay costs of £33,844.30.
Company A pleaded guilty at to Section 3(1) Health & Safety at Work etc. Act 1974. They were fined £40,000 and were ordered to pay costs of £19,223.65.
Company B’s employees spent over 10 weeks removing and smashing the boards before sweeping the dust and debris into bags. The workers were not provided with effective protection, even after the company found out that the material being cleared contained Amosite.
Managers from Company B allowed the work to continue even after employees complained and a tested sample showed the presence of asbestos. Workers at the site were exposed to potentially deadly fibres, which were carried on their clothes and into their homes, vehicles, onto public transport, and may have contaminated the general public and their own families.
Following the hearing an Inspector from the HSE commented:
“Company B’s cavalier attitude towards the removal of the asbestos has put the future health of their employees, their employees’ families and members of the public in general at serious risk. The exposure suffered by the men working on this project is the worst our specialist inspector has seen in over 15 years of dealing with asbestos cases.
“Not everyone exposed to asbestos goes on to develop life-threatening or terminal asbestos-related conditions such as lung cancer, asbestosis or mesothelioma. However, when people do develop such conditions, it is often many years after they were exposed. All the men exposed, and their families, will have this hanging over them for the rest of their lives.
“The actions of Company B in this matter were unpardonable; they were told two weeks into the project that they were working with brown asbestos but carried on for another 10 weeks.
“Noble Gift Packaging Ltd, as client for the work, should have taken the basic step of having a full asbestos survey done after they were informed in a valuation survey that the roof contained asbestos. This could have prevented this whole tragic case.
“HSE will always push for the harshest penalties in such cases.”