HSE prosecutes Essex companies following multiple breaches of asbestos safety laws

Date:

6 August 2008

Release No:

E78:08

The Health and Safety Executive (HSE) has issued a stark warning about managing the risks from asbestos, following its prosecution of a two companies in Essex, after workers in their employment were exposed to asbestos containing materials.

R Maskell Ltd of Loughton, Essex was fined £150,000 with costs of £30,000 at Ipswich Crown Court today (6th August). The company pleaded guilty to Section 2.1 of the Health and Safety at Work etc Act 1974 and Regulation 18 of the Construction (Health, Safety and Welfare) Regulations 1996.

LCH Contracts Ltd of Great Burstead, Billericay, Essex was fined £70,000 and costs of £13,821.00.  The company pleaded guilty to two Health and Safety breaches of Regulation 15 of the Control of Asbestos at Work Regulations 2002 and Regulation 7 of the Control of Asbestos at Work Regulations 2002.

Between 15th August-27th September 2005, R Maskell was carrying out refurbishment work and had, after discovering asbestos, sub-contracted LCH Contracts to carry out asbestos removal at St Francis Tower, Franciscan Way, Ipswich.

HSE inspectors visited the site on 27th September 2005 to inspect asbestos removal work taking place.  They became very concerned over the state of the building, as there was debris on floors and in black sacks on most floors of the 15 storey tower block and some appeared to be asbestos containing materials (ACM’s). Work was then stopped in the building.

The HSE investigation found the building to be contaminated with ACM’s and evidence was found that asbestos insulation board (AIB) had not been removed following adequate safety procedures.  Specifically, it was removed without using a wet strip technique - wetting of the product to prevent fibre release during removal.

HSE Inspector, Nicola Surrey said:
"Every year 1000 people who worked in building maintenance and repair trades die from past exposures to asbestos fibres.  The exposure of employees from R Maskell Ltd and LCH Contracts Ltd to asbestos, could and should have been avoided by straightforward safety precautions.  HSE will not hesitate to take action against those who fall short of the law in such a way.

"Asbestos must be properly managed to prevent people dying from asbestos diseases in the future.  If you are responsible for managing the maintenance and repair of a building, you must manage any asbestos in it.  HSE has provided guidance to help people understand what they have to do to comply with their legal obligations."

Notes to editors

1. The Control of Asbestos Regulations 2006 include the ‘duty to manage asbestos’ in non-domestic premises. Guidance on the duty to manage asbestos can be found at: http://www.hse.gov.uk/asbestos/regulations.htm. The Regulations require mandatory training for anyone liable to be exposed to asbestos fibers at work.  This includes maintenance workers and others who may come into contact with or who may disturb asbestos (e.g. cable installers) as well as those involved in asbestos removal work.
2. When work with asbestos or which may disturb asbestos is being carried out, the Asbestos Regulations require employers and the self-employed to prevent exposure to asbestos fibers. Where this is not reasonably practicable, they must make sure that exposure is kept as low as reasonably practicable by measures other than the use of respiratory protective equipment. The spread of asbestos must be prevented. The Regulations specify the work methods and controls that should be used to prevent exposure and spread. 
3. For more information about asbestos see:  http://www.hse.gov.uk/asbestos/index.htm
4. Section 2(1) of the HSWA states: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his Employees."
5. Regulations 7 of the Control of Asbestos at Work Regulations states: "a suitable and sufficient plan of work must be prepared and followed"
6. Regulations 15 of the Control of asbestos at Work Regulations states: "employees must reduce the spread of asbestos so far as is reasonably practicable"
7. Regulation 18 of the Construction (Health, Safety and Welfare) Regulations 1996 states:  "suitable and sufficient steps must be taken to prevent the risk from fire"

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Issued on behalf of the Health and Safety Executive by COI News & PR.