HSE warns companies to follow correct asbestos handling procedures

Date:

29 January 2009

Release No:

HSE/NW/038/09

The Health and Safety Executive has warned firms to properly assess risks when working with asbestos and ensure, if necessary, only licensed contractors are used.

The call follows the prosecution on 4 February 2009 of Westpoint Schoolcare Ltd for breaching Regulations 5, 8(1) and 11 of the Control of Asbestos Regulations 2006.

The firm from Gorton, Manchester was fined £1,000 and ordered to pay costs of £515 after pleading guilty to failing to properly assess whether asbestos was present before starting refurbishment work at a Manchester school. The company also failed to take the necessary steps to prevent its employees being exposed to asbestos dust and undertook licensable work without holding a licence.

The company was appointed to complete refurbishment works at Manley Park Junior School on College Road, Whalley Range, including updating the toilets.

The school provided information from their asbestos register clearly identifying that the ceiling tiles contained 5 to 50% Amosite (Brown Asbestos). However, the company did not properly act on this information and failed to instruct their employees on the presence of asbestos or how to work without disturbing the asbestos ceiling tiles.

The ceiling was removed despite Westpoint Schoolcare Ltd not holding a licence to do such work and without taking any of the necessary precautions as required by the Control of Asbestos Regulations Act 2006.

HSE inspector Thomas Merry said:

"Westpoint were given the necessary information about the presence of asbestos in the area of the school in which they were working. They had ample opportunity to ensure that the ceiling was not disturbed, and arrange for a competent licensed contractor to remove the asbestos in a safe, controlled manner.

"Unfortunately this was not done and an employee of the company was needlessly exposed to asbestos fibres."

Today asbestos still presents a real and relevant risk to workers involved in refurbishment and minor construction as it may be present in any building constructed or refurbished before the year 2000. It is estimated that around 500,000 non-domestic buildings could contain asbestos and these buildings all need repair and maintenance work from time to time but when the asbestos fibres are disturbed, for example by drilling or cutting, they are likely to be inhaled as a deadly dust.

The number of asbestos-related workplace deaths exceeds the figure of deaths in road accidents but many workers, particularly tradesmen, think that they are not personally at risk of exposure to asbestos or the diseases it can cause. They think since asbestos was banned many years ago, the problem has been dealt with and therefore it is not relevant to them. The reality is very different.

Notes to editors

This prosecution was brought under the Control of Asbestos Regulations 2006.

Regulation 5 states:

1. An employer shall not undertake work in demolition, maintenance, or any other work which exposes or is liable to expose his employees to asbestos in respect of any premises unless either -
   1. he has carried out a suitable and sufficient assessment as to whether asbestos, what type of asbestos, contained in what material and in what condition is present or is liable to be present in those premises; or
   2. if there is doubt as to whether asbestos is present in those premises he -
      1. assumes that asbestos is present, and that it is not chrysotile alone, and
      2. observes the applicable provisions of these Regulations.

Regulation 8 states:

1. Subject to regulation 3(2), an employer shall not undertake any work with asbestos unless he holds a licence granted under paragraph (2) of this regulation.
2. The Executive may grant a licence for work with asbestos if it considers it appropriate to do so and -
   1. the person who wishes the licence to be granted to him has made application for it on a form approved for the purposes of this regulation by the Executive; and
   2. the application was made at least 28 days before the date from which the licence is to run, or such shorter period as the Executive may allow.

Regulation 11 states:

1. Every employer shall -
   1. prevent the exposure of his employees to asbestos so far as is reasonably practicable;
   2. where it is not reasonably practicable to prevent such exposure -
      1. take the measures necessary to reduce the exposure of his employees to asbestos to the lowest level reasonably practicable by measures other than the use of respiratory protective equipment, and
      2. ensure that the number of his employees who are exposed to asbestos at any one time is as low as is reasonably practicable.
2. Where it is not reasonably practicable for the employer to prevent the exposure of his employees to asbestos in accordance with paragraph (1)(a), the measures referred to in paragraph (1)(b)(i) shall include, in order of priority
   1. the design and use of appropriate work processes, systems and engineering controls and the provision and use of suitable work equipment and materials in order to avoid or minimise the release of asbestos; and
   2. the control of exposure at source, including adequate ventilation systems and appropriate organisational measures, and the employer shall so far as is reasonably practicable provide the employees concerned with suitable respiratory protective equipment in addition to the measures required by sub-paragraphs (a) and (b).

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