£245,000 fines after asbestos case

HSE Press Release: E113:04 - 4 August 2004

A Nuneaton company and its officers were fined a total of £245,000 at Birmingham Crown Court on Tuesday 3 August in relation to the removal of asbestos, following an investigation by the Health and Safety Executive (HSE).

Dalebrick Ltd was contracted to carry out clearing and stripping works on the premises on New John Street West, Birmingham, before they could be converted by a development company. Dalebrick hired a team of temporary workers to work on the site, without warning them of the asbestos risk. Five people were hired, aged between 16 and 26, to do the work, as well as a foreman. The youngest worker had just finished his GCSE examinations. After almost five weeks the team walked off site. A second team was then hired, comprising four men and the same foreman. This team was on site for two days before an HSE inspector, who was contacted by one of the original team, inspected the site and ordered the work to stop.

HSE inspector Pam Folsom said after the case:

"This one of the worst situations I have come across, not only in the relation to the asbestos risks, but because work was allowed to go ahead despite the concerns of the workforce.

"There were serious breaches of health and safety law and these attracted serious fines. The law requires work with asbestos to be done safely and there is published guidance available to help achieve compliance. HSE is grateful to the worker who, realising that the conditions were not right, alerted us to the problem. Had he not done so, this work could have gone on for much longer. "

Pam Folsom also found that there were neither lavatories nor running water on the site. Because of the lack of even basic washing facilities, the original team had tried to use the fire hoses to dampen down the dust in the work areas and to wash themselves.

Dalebrick Ltd pleaded guilty to breaching: sections 2(1) and 3(1) of the Health and Safety at Work Act 1974 (HSW Act); regulation 3(1) of the Asbestos (Licensing) Regulations 1983 (ALR); and regulation 17(1a) Control of Asbestos at Work Regulations 1987 (CAWR). The company was fined £50,000 for each offence, and ordered to pay £65,000 costs.

Mr Morris Edward Williams pleaded guilty to breaching: sections 2(1) and 3(1) of the HSW Act; regulation 3(1) of the ALR; and regulation 17(1a) CAWR. Mr Williams was fined £10,000 for each offence and ordered to pay £10,000 costs. Mr Williams was also disqualified from holding any directorship for a period of two years from 3 August 2004.

Ms Joanne Carroll pleaded guilty to breaching sections 2(1) and 3(1) of the HSW Act. Ms Carroll was fined £2,500 for each offence and ordered to pay £500 costs. Ms Carroll was also disqualified from holding any directorship for a period of one year from 3 August 2004.

Notes to editors

1. Details of the charges are summarised below:

• Section 2(1) of the Health and Safety at Work Act 1974 (HSW Act) - Failing to discharge a duty imposed by section 2(1) of the HSW Act in that, between the 22nd day of August 2001 and the 27th day of September 2001, they failed to ensure, so far as was reasonably practicable, the health safety and welfare at work of employees, being a failure to provide a safe system of work for the removal of asbestos containing materials at 401-414 New John Street West, Birmingham.
• Section 3(1) of the HSW Act - Failing to discharge a duty imposed by section 3(1) of the HSW Act, in that between the 22nd day of August 2001 and the 27th day of September 2001, being a failure to conduct an undertaking in such a way as to ensure, so far as was reasonably practicable, that persons not in their employment were not thereby exposed to risks to their health and safety, being a failure to provide a safe system of work for the removal of asbestos containing materials at 401-414 New John Street West, Birmingham.
• Regulation 3(1) of the Asbestos (Licensing) Regulations 1983 (ALR) - Carrying out work with asbestos without a licence, contrary to Regulation 3(1) of the ALR in that, between the 22nd day of August 2001 and the 27th day of September 2001, that work was undertaken with asbestos insulation, asbestos coating and asbestos insulation board at premises at 401-414 New John Street West, Birmingham without holding a licence relating to such work.
• Regulation 17(1)(a) of the Control of Asbestos at Work Regulations 1987 (CAWR) - Breaching regulation 17(1)(a) of the CAWR, in that, between the 22nd day of August 2001 and the 27th day of September 2001, failing to ensure that adequate washing and changing facilities were made available to their employees and persons under their control who were exposed to asbestos during works for the removal of asbestos at 401-414 New John Street West, Birmingham.

2. Asbestos is the biggest occupational health risk ever faced by workers in Britain. At least 3500 people in Great Britain die each year from mesothelioma and asbestos related lung cancer as a result of past exposure to asbestos. Annual numbers of deaths are predicted to go on rising into the next decade. About half a million commercial properties in the UK still contain asbestos, the fibres of which are lethal if disturbed and inhaled. Asbestos in good condition can be safely left in place, undisturbed, providing a system is in place to properly manage the risk. Further information on asbestos is available on HSE's website at: http://www.hse.gov.uk/asbestos/index.htm

3. Copies of HSE's 'A guide to the Asbestos (Licensing) Regulations 1983 as amended (second edition) The Asbestos (Licensing) Regulations 1983. Guidance on the Regulations', L11, ISBN 0 7176 2435 8, price £6.00 and 'Work with Asbestos which does not normally require a licence (Fourth edition) Control of Asbestos at Work Regulations 2002. Approved Code of Practice and Guidance', L27, ISBN 0 7176 2562 1 price £9.50, are available from HSE Books

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

ISSUED FOR THE HEALTH AND SAFETY EXECUTIVE BY GOVERNMENT NEWS NETWORK WEST MIDLANDS.