Window company exposed workers to asbestos

Date:

19 November 2010

Release No:

01/SWW/10

The owner of a Welshpool-based window and conservatory installation company has been fined for failing to protect its workers from exposure to asbestos.

Four employees were exposed while removing soffits on a property at Chirbury Gate, Montgomery, Powys, between 16 and 17 June 2009.

An investigation by the Health and Safety Executive (HSE) found that Philip Leslie Davies, (54), trading as Meadow View Windows and Conservatories, had failed to take effective measures to prevent or reduce his employees being exposed to the potentially deadly substance.

Mr Davies, of Shrewsbury, admitted exposing employees to asbestos, failing to carry out a suitable and sufficient assessment, and failing to ensure adequate information, instruction and training was provided to employees.

He was charged with breaching of Regulations 5, 10(1) and 11(1)(a) of the Control of Asbestos at Work Regulations 2006.

He was fined a total of £3,000 (£1,000 for each charge) and ordered to pay costs of £1,615 at Welshpool Magistrates Court on 19 November 2010

HSE inspector Chris Wilcox said:

"Four of Mr Davies' employees were exposed to asbestos in circumstances that were wholly avoidable.

"They now have to live with the fear of becoming ill with a life-threatening lung disease.

"Those working in the roofline products industry must check for the presence of asbestos and be fully aware of the legal requirements for working with asbestos-containing materials."

Asbestos is the biggest single cause of work-related deaths in the UK, with an estimated 4,000 people dying every year. Information on working safely with asbestos is available at www.hse.go.uk/asbestos

The court also ordered the defendant to pay a separate £15 victim surcharge, the proceeds of which will be spent on services for victims and witnesses.

Notes to editors

1. Regulation 5 - 'Identification of the Presence of Asbestos' - of the Control of Asbestos at Work Regulations 2006 states that '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.'
2. Regulation 11(1)(a) - 'Prevention or Reduction of Exposure to Asbestos' - of the Control of Asbestos at Work Regulations 2006 of states that 'every employer shall prevent the exposure of his employees to asbestos so far as is reasonably practicable.'
3. Regulation 10(1) - 'Information Instruction and Training' - of the Control of Asbestos at Work Regulations 2006 state that 'every employer shall ensure that adequate information, instruction and training is given to those of his employees
   1. 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; and
   2. who carry out work in connection with the employer's duties under these Regulations, so that they can carry out that work effectively.'
4. 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. www.hse.gov.uk
5. Further information about working with asbestos safely can be found online at: http://www.hse.gov.uk/asbestos/index.htm

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