North Tyneside boss fined for asbestos failings

Date:

5 November 2010

Release No:

NE/257/10

The boss of a refurbishment company has been fined for failing to provide adequate information, instruction and training to workers in the proper procedures when dealing with asbestos.

Neil Brown, 45, trading as High View Services, of High View, Wallsend, North Tyneside, was fined £360 by North Tyneside Magistrates' Court today after pleading guilty to breaching Regulation 10(1)(a) of the Control of Asbestos Regulations 2006. He was also ordered to pay £360 costs.

The court heard how the breach came to light on 6 January 2009 during the investigation of an asbestos-related incident at a North Tyneside Council house in Killingworth, the home of Amanda Cleminson. The incident occurred during a heating upgrade of the property, which involved Mr Brown's company.

The Health and Safety Executive (HSE) investigation found that while work conducted by Neil Brown's employees could readily bring them into contact with asbestos, they had not been given any asbestos awareness training by Mr Brown, despite a legal requirement to do so.

After the case, HSE Inspector Graham Watson said:

"Any employer who conducts work which may result in their employees coming into contact with asbestos must make sure they receive adequate information, instruction and training to help control not just the risks to themselves but others who may also be exposed.

"You are most likely to find asbestos in buildings built or refurbished before 2000. Anyone conducting refurbishment work in such buildings, where they are likely to disturb the fabric of the building, must therefore make sure that their employees are properly trained. This includes not only making sure there are arrangements for training new employees but also providing regular refresher training.

"Many workers think they are not at risk of exposure to asbestos or the diseases it can cause. They think that since asbestos was banned many years ago, the problem has been dealt with and is not relevant to them. The reality, however, is very different and so adequate information, instruction and training is essential."

Exposure to asbestos is the biggest single cause of work-related deaths, with around 4,000 people a year dying from asbestos-related diseases. Workers most at risk are those who carry out building maintenance and refurbishment work such as electricians, plasterers, plumbers and carpenters.

Asbestos can cause a number of fatal or serious respiratory conditions if fibres are inhaled and asbestos exposure is the most serious occupational health issue in the UK.

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. http://www.hse.gov.uk
2. Asbestos products have been widely used in the UK since the end of the 19th century and were used in the construction and refurbishment of buildings until 1999. It's presence in many domestic and commercial buildings means it still presents a real and relevant risk to plumbers, joiners, electricians and other involved in the construction, refurbishment and maintenance industry.
3. Visit http://www.hse.gov.uk/asbestos/hiddenkiller/ for further information from HSE about asbestos.
4. Regulation 10(1)(a) of the Control of Asbestos Regulations 2006 states that: "Every employer shall ensure that adequate information, instruction and training is given to those of his employees who are or who are liable to be exposed to asbestos or who supervise such employees, so that they are aware of:
   1. the properties of asbestos and its effects on health, including its interaction with smoking;
   2. the types of products or materials likely to contain asbestos;
   3. the operations which could result in asbestos exposure and the importance of preventive controls to minimise exposure;
   4. safe work practices, control measures and protective equipment;
   5. the purpose, choice, limitations, proper use and maintenance of respiratory protective equipment;
   6. emergency procedures;
   7. hygiene requirements;
   8. decontamination procedures;
   9. waste handling procedures;
   10. medical examination requirements and
   11. the control limit and the need for air monitoring, in order to safeguard themselves and other employees"
5. Details of companies who provide asbestos training can be found at the United Kingdom Asbestos Training Association (http://www.ukata.org.uk/) or the Independent Asbestos Training Providers (http://www.iatp.org.uk/) websites. Other training providers are also available.
6. Neil Brown was also ordered to pay a £15 victim surcharge

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