Ship breakers fined for potential asbestos exposure

Date:

19 August 2010

Release No:

YH/202/10

A North Lincolnshire ship breaking company put its workers and others at risk of exposure to asbestos containing materials, a court heard.

Marine reclamation company Acetech Construction Limited, purchased a Polish former fishing vessel "The Patricia III" in 2007 for dismantling and selling on as scrap. The ship, built in the 1970s, had been lying unused at Grimsby Dock for around three years.

An investigation by the Health and Safety Executive (HSE) found Acetech had failed to carry out an adequate survey that would have highlighted the presence of asbestos containing materials before employees began work on the boat.

Scunthorpe magistrates heard that between 1 December 2007 and 29 February 2008, work took place to strip down the boat resulting in several employees potentially exposed to asbestos containing materials.

Acetech Construction Ltd, of New Green Farm, Marsh Lane, Barrow Haven, was fined £3,400 and ordered to pay £5,000 costs after pleading guilty to three breaches of the Control of Asbestos Regulations 2006 at Scunthorpe Magistrates Court.

After the hearing HSE Inspector Kirsty Welsh said:

"Asbestos is responsible for around 4,000 deaths each year so it's vitally important that workers are protected. You might not know what damage has been caused by exposure, or the numbers of people who may have been affected, until much later, if at all, but identifying dangerous materials and removing them safely and responsibly is essential in order to eliminate all possible risk.

"Had Acetech Construction carried out a full survey, assessed the risks and put in place systems to protect their workers, then any potential harm would have been avoided."

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. www.hse.gov.uk
2. Regulation 8 (2) of the Control of Asbestos Regulations 2006.States that "...The Executive may grant a licence for work with asbestos if it considers it appropriate to do so and (a) 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 (b) 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."
3. Regulation 5 of the Control of Asbestos 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-(a) 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 (b) if there is doubt as to whether asbestos is present in those premises he-(i) assumes that asbestos is present, and that it is not chrysotile alone, and (ii) observes the applicable provisions of these Regulations."
4. Regulation 11 (1) (A) of the Control of Asbestos Regulations 2006 states: "(1) Every employer shall-(a) prevent the exposure of his employees to asbestos so far as is reasonably practicable."
5. For more information on asbestos visit www.hse.gov.uk/asbestos

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