Prosecutions
The Health and Safety Executive (HSE) prosecuted the company following an investigation which revealed that work on the refurbishment of a building was being carried out without an asbestos survey.
Swansea Magistrates heard that, between the dates of 27 April 2010 and 12 May 2010, asbestos containing materials were disturbed by construction workers employed by the defendant, releasing asbestos fibres into the air.
The HSE was informed that employees were carrying out work in a contaminated building, and inspectors visiting the site on 12 May 2010 served an immediate Prohibition Notice.
The subsequent investigation found that the company failed to ensure that the refurbishment work was planned in such a way as to reduce the risk to health and safety. It also failed to ensure that its employees were not exposed to asbestos fibres.
The company pleaded guilty to breaching Regulation 23(1)(a) of the Construction (Design & Management) Regulations 2007 and Regulation 5 of the Control of Asbestos Regulations 2006. It was fined £12,000 and ordered to pay full costs of £2,148.50.
Speaking after the hearing, a HSE inspector said:
"Construction and maintenance workers are in the most at-risk groups from asbestos-related diseases due to the nature of their work. The widespread occurrence of asbestos as a product in buildings constructed or refurbished prior to 2000, means that inadvertent disturbance of asbestos-containing materials can be frequent and regular where asbestos products have not been adequately identified or managed.
"This prosecution should act as a reminder to those in the construction industry of the importance of ensuring that an asbestos survey, and its findings, are available prior to work being carried out and that the correct control measures are in place to ensure that exposure to asbestos is prevented, so far as is reasonably practicable."
There are four main diseases caused by asbestos, all of which can develop much later after exposure - they are mesothelioma (always fatal); lung cancer (almost always fatal); asbestosis (not always fatal, but can be very debilitating) and diffuse pleural thickening.