Firm fined £10,000 for creating asbestos risk
14:34 - 16/02/2011
Firm fined £10,000 for creating asbe...
The Health and Safety Executive (HSE) has prosecuted a construction company after a site inspection revealed that they were carrying out work in a dangerous manner and were failing to manage asbestos correctly.
The inspection was carried out on 23rd April 2010 in response to a complaint received by the HSE about demolition works being carried out on an old church in Snodland, Kent. A Prohibition Notice, preventing any further work being carried out onsite, was issued immediately.
Inspectors discovered that debris containing asbestos had been allowed to spill out and block the pavement, creating a risk for the general public. The Principal Contractor and site-owner, Bernard Berry, was unable to produce required documents including a demolition plan, method statements and risk assessments. In addition to this, inspectors found that no asbestos survey had been completed and that security on the site was extremely poor.
Mr Berry’s company, Berry Estates Development Limited, was prosecuted at Maidstone Magistrate’s Court, where they pleaded guilty to breaching the Control of Asbestos Regulations 2006. The company was fined £10,000 and ordered to pay a further £3,391 in costs. Mr Berry himself also pleaded guilty to breaching the same regulations and was fined £5,000 and ordered to pay costs of £3,391.
The court heard that it was only after the Prohibition Notice was served that Mr Berry commissioned a pre-demolition asbestos survey. It identified a number of asbestos containing materials across the site, but the demolition was well underway by this point.
The HSE investigation found no evidence of employee training and no use of safety provisions such as personal protective or respiratory equipment. There had been nothing implemented to prevent asbestos dust from spreading across the site and beyond.
Commenting on the case, HSE Inspector David Fussell said: “This is a shocking case as it was foreseeable that a building of this age may have had asbestos-containing materials in the building fabric, as the subsequent survey highlighted.
“If the company had carried out a survey and prepared a plan of work prior to demolition, the risk of exposure to the workers onsite or the general public could have been avoided.”
First Response Training can offer a 3 hour Asbestos Awareness training course which is a useful course for anyone who may come into contact with asbestos-containing materials as part of their work.
Managing Director, Perry Leeks, explains: “Exposure to asbestos fibres can lead to potentially fatal diseases. Anyone working with materials which may contain asbestos needs to be aware of the risks involved and the appropriate safe systems of work.
“Our Asbestos Awareness training course provides delegates with background knowledge on the hazards of working with asbestos, the related diseases and how the law has addressed this risk. It teaches employees and employers about the duty to manage asbestos safely. We can also provide an e-learning training course as an alternative to practical training.”
Call First Response today on 0800 310 2300.
The inspection was carried out on 23rd April 2010 in response to a complaint received by the HSE about demolition works being carried out on an old church in Snodland, Kent. A Prohibition Notice, preventing any further work being carried out onsite, was issued immediately.
Inspectors discovered that debris containing asbestos had been allowed to spill out and block the pavement, creating a risk for the general public. The Principal Contractor and site-owner, Bernard Berry, was unable to produce required documents including a demolition plan, method statements and risk assessments. In addition to this, inspectors found that no asbestos survey had been completed and that security on the site was extremely poor.
Mr Berry’s company, Berry Estates Development Limited, was prosecuted at Maidstone Magistrate’s Court, where they pleaded guilty to breaching the Control of Asbestos Regulations 2006. The company was fined £10,000 and ordered to pay a further £3,391 in costs. Mr Berry himself also pleaded guilty to breaching the same regulations and was fined £5,000 and ordered to pay costs of £3,391.
The court heard that it was only after the Prohibition Notice was served that Mr Berry commissioned a pre-demolition asbestos survey. It identified a number of asbestos containing materials across the site, but the demolition was well underway by this point.
The HSE investigation found no evidence of employee training and no use of safety provisions such as personal protective or respiratory equipment. There had been nothing implemented to prevent asbestos dust from spreading across the site and beyond.
Commenting on the case, HSE Inspector David Fussell said: “This is a shocking case as it was foreseeable that a building of this age may have had asbestos-containing materials in the building fabric, as the subsequent survey highlighted.
“If the company had carried out a survey and prepared a plan of work prior to demolition, the risk of exposure to the workers onsite or the general public could have been avoided.”
First Response Training can offer a 3 hour Asbestos Awareness training course which is a useful course for anyone who may come into contact with asbestos-containing materials as part of their work.
Managing Director, Perry Leeks, explains: “Exposure to asbestos fibres can lead to potentially fatal diseases. Anyone working with materials which may contain asbestos needs to be aware of the risks involved and the appropriate safe systems of work.
“Our Asbestos Awareness training course provides delegates with background knowledge on the hazards of working with asbestos, the related diseases and how the law has addressed this risk. It teaches employees and employers about the duty to manage asbestos safely. We can also provide an e-learning training course as an alternative to practical training.”
Call First Response today on 0800 310 2300.
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