Building firm fined after asbestos disturbed at primary school

Date:

19 August 2010

Release No:

WM211/10

A Solihull building firm has been fined £1,000 after failing to take precautions against asbestos while working at a school.

The Health and Safety Executive (HSE) prosecuted the company after bosses at Greswolde Construction Ltd of Station Road, Knowle, failed to warn its employees that the substance was present despite being in possession of a survey detailing where the asbestos was.

The company pleaded guilty to a breach of regulation 10(1) and one of 11(1)(a) of the Control of Asbestos Regulations 2006. As well as the fine it was also ordered to pay £2,268 costs.

Stratford-upon-Avon Magistrates Court heard how on 9 July 2009 the firm was contracted to carry out building work on an extension at Rokeby Primary School in Rugby.

Three employees were carrying out the work when they disturbed an area containing asbestos. Despite the company being in possession of a Type 3 Asbestos Survey detailing the materials that were disturbed, and the fact that children were occupying adjacent classrooms, it still gave the go ahead for the workers to begin to strip out the area.

None of workers had been informed of the presence of asbestos on the site and had not received asbestos awareness training or protection.

HSE inspector Paul Cooper said:

"The dangers of asbestos are well known in the building industry so for the managers of Greswolde Construction not to inform their employees of its presence shows a complete disregard for their safety and wellbeing.

"What makes it worse is that this work was being carried out in a primary school where young children were in the next room.

"We can't stress enough how important it is for anyone carrying out building work to obtain the proper asbestos surveys and then act upon them."

Notes to editors

1. The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. It aims to reduce 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.
2. Regulation 10(1) of the Control of Asbestos Regulations 2006 states: "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.
3. Regulation 11(1)(a) of the Control of Asbestos Regulations 2006 states:
4. "Every employer shall... prevent the exposure of his employees to asbestos so far as is reasonably practicable"

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