The Health and Safety Executive (HSE) is warning employers they must ensure all relevant employees are aware of the location of asbestos in the workplace after a school caretaker was exposed to hazardous dust.
North Tyneside Council today pleaded guilty to five breaches of the Control of Asbestos at Work Regulations 2002. It was fined £17,005 and ordered to pay £3,911 costs at North Tyneside Magistrates' Court.
HSE Inspector Stephen Britton said:
"North Tyneside Council was found to have breached the regulations in March 2006, at Wallsend Jubilee Primary School in Mullen Road, which is owned by the council. The school caretaker swept the school boiler house on two separate occasions, unaware that it was contaminated with asbestos. This posed a huge risk to the caretaker's health: every year, 4000 people die of work-related asbestos diseases, more than are killed on the roads.
The boiler house had been quarantined due to the presence of asbestos, and although the previous caretaker and headteacher were aware of the contamination, the replacement staff were not informed. There were no signs indicating that the area had been quarantined and the caretaker only became aware of the risk of exposure after an asbestos removal company visited the school to undertake work.
This type of incident was likely to occur sooner or later. It was foreseeable that caretakers and service engineers would require access to the boiler house for routine or emergency repairs, but no instruction, training, protective equipment, washing or disposal arrangements were in place to safeguard this vulnerable group.
The regulations require those with responsibilities for the repair and maintenance of non-domestic premises to find out if there are, or may be, asbestos-containing materials within them. It also requires them to record the location and condition of such materials, and then assess and manage any risk from them, including passing on information about their location and condition to anyone liable to disturb them.
Local authorities and employers in general have a duty to ensure that any asbestos present in premises is managed properly, and need to warn anybody likely to come into contact with it of the danger it poses to their health."
1. North Tyneside Council was charged with breaching regulations 4, 6, 9, 10 and 13 of the Control of Asbestos at Work Regulations 2002.
2. Regulation 4 imposes a duty on the employer to identify the type of asbestos before any work is carried out.
3. Regulation 6 imposes a duty on the employer to notify the enforcing authority of any work with asbestos.
4. Regulation 9 imposes a duty on the employer to ensure the proper use of control measures and personal protection equipment.
5. Regulation 10 imposes a duty on the employer to ensure that any control measures or equipment are properly maintained.
6. Regulation 13 imposes a duty on the employer to ensure the cleanliness of premises and plant where work takes place that is liable to result in exposure to asbestos.
7. The maximum penalty for a breach of the regulations in a Magistrates Court is a fine not exceeding £5000.
8. More information on asbestos is available at: http://www.hse.gov.uk/asbestos/index.htm
Regional reporters should call the appropriate regional COI press office.
Issued on behalf of the HSE by COI NEWS and PR.
Regional reporters should call the appropriate regional COI press office who act as HSE's Press Office throughout Great Britain.
