Crown Censure for Ministry of Defence

Date:

13 September 2010

Release No:

COISE/1309

The Ministry of Defence (MOD) today received a formal Crown Censure from the Health and Safety Executive (HSE) after potentially exposing workers to deadly asbestos fibres.

Being a Crown body, MOD cannot be prosecuted as a private company would be in the criminal courts.

The Censure was received by a senior manager from Defence Estates on behalf of MOD, who attended a formal Crown Censure hearing at HSE's East Grinstead Office today (13 September 2010).

Defence Estates is an operating arm of the MOD and is responsible for managing the military estate - including managing asbestos on the estate.

In early 2005 an asbestos survey at an MOD base near Bicester, Oxfordshire was ignored for more than a year. The original survey considered a boiler room on the base to be contaminated with asbestos and the report recommended access to the room be restricted until the asbestos had been removed.

Defence Estates and their facilities management company Interserve (Defence) Ltd, of Waterloo Road, London, failed to follow the advice of the survey and, consequently, workers were left at risk of exposure to deadly asbestos fibres.

HSE made clear its view that MOD did not comply with regulations 4(8)(c), 6(1)(a) and 10(1)(a) of the Control of Asbestos Regulations 2002 at the Bicester MOD site between 23 May 2005 and 30 September 2006.

Defence Estates accepted the Crown Censure on behalf of MOD after explaining the action it had taken and continues to take to prevent a recurrence at the Bicester site and other MOD sites it has responsibility for.

HSE Director for its East and South East Division, Heather Bryant, who chaired the Censure hearing said:

"Defence Estates and Interserve (Defence) Ltd knew that asbestos-containing materials existed at the Bicester site but the arrangements they had in place for managing them were not effective in controlling this well-known risk.

"The standard for managing asbestos at the Bicester site fell far below what the law requires.

"Around 4,000 people die each year from past exposure to asbestos. It is essential that duty holders and facilities managers are aware of the risks it still poses and their responsibilities in managing it. Workers also need to be protected and informed about the risks and exposure, as far as practicable, be prevented."

HSE's investigating inspector, Matthew Lee, said:

"Asbestos may be present in any premises built before the year 2000 in a variety of forms. When disturbed, damaged or left in poor condition it can give rise to a risk of exposure to employees working in the vicinity.

"It is therefore essential that duty holders have effective arrangements for detecting it and managing the risk it may present.

"Facilities managers are key to ensuring that these effective systems are in place to protect workers and to ensure that duty holders meet their legal responsibilities."

Notes to editors

1. Interserve (Defence) Ltd, of Waterloo Road, London, appeared at Oxford Crown Court on 8 September 2010 following an investigation by the Health and Safety Executive (HSE). It was fined £33,000 and ordered to pay costs of £17,936.
2. 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. For more information about the work of HSE, visit www.hse.gov.uk
3. While the provisions of the Health and Safety at Work etc Act apply to Crown bodies, including departments and agencies, Crown immunity means such bodies are excluded from the provisions for statutory enforcement, including prosecution and penalties. HSE enforces health and safety law in relation to Crown bodies in Great Britain.
4. Cabinet Office Personnel Information Note 45 (PIN 45), which deals with the enforcement procedures for Crown bodies, including Crown censures, can be found on HSE's website at: www.hse.gov.uk/foi/internalops/sectors/pub-serv/7_01_34/index.htm
5. Regulation 4 (8)(c) of Control of Asbestos at Work Regulations 2002 states: where an assessment shows that asbestos is or is liable to be present in any part of the premises the duty holder should ensure that measures which are to be taken for managing the risk are specified in a written plan.
6. Regulation 6 (1)(a) of Control of Asbestos at Work Regulations 2002 states: An employer shall not carry out work which is liable to expose his employees to asbestos unless he has made a suitable and sufficient assessment of the risk created by that exposure to the health and safety of those persons and the steps that needed to be taken to meet the requirements of the said Regulations.
7. Regulation 10 (1) (a) of Control of Asbestos at Work Regulations 2002 states: Every employer shall prevent exposure of his employees to asbestos so far as is reasonably practicable. For further information on the duty to manage, visit http://www.hse.gov.uk/asbestos/managing/index.htm

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