Asbestos exposure at sheltered housing leads to fine

Date:

9 May 2011

Release No:

HSE/EM/183/11

A Nottinghamshire building firm contaminated an elderly resident's possessions with asbestos during bathroom renovation work at sheltered housing in West Bridgford.

Abbott and Mason Building and Joinery Contractors Ltd of Mansfield also left asbestos-containing materials outside the building in the open air, putting the public at risk.

The Health and Safety Executive (HSE) prosecuted the firm after it carried out work at the home of 96-year-old Mrs Ann Jenkins in Musters Road on 4 February 2010.

The company was removing asbestos insulation board (AIB) which had been used to box in pipework behind the bath but many of Mrs Jenkins' possessions, including clothing and furniture was contaminated with asbestos fibres and had to be destroyed.

The dangerous work was spotted by the warden at the complex, who stopped the activity immediately and took Mrs Jenkins - who had been sitting very close to the bathroom - to a safe place. After staying with her family, Mrs Jenkins was relocated to another flat.

HSE told Nottingham Magistrates' Court the firm knew it was dealing with asbestos-containing material and though both partners had asbestos awareness training they failed to manage it appropriately, exposing employees; Mrs Jenkins; and members of the public to asbestos fibres.

After the hearing, HSE inspector Frances Bailey said:

"This company showed a wilful disregard for the health and safety of its employees and the public. Abbott and Mason knew the panels contained asbestos and should have dealt with it safely.

"Their actions caused a great deal of worry and stress for Mrs Jenkins, who has since passed away.

"The distress caused to her and the risks to the health of the public and the company's employees could have been easily avoided had the company taken sensible steps to ensure the right procedures were followed and the spread of potentially dangerous material was prevented."

In a victim impact statement given to the court, Mrs Jenkins' daughter, Mary Chivers, said:

"My family are appalled that this incident had such devastating consequences for my mother. It was entirely preventable had proper measures been taken.

"She was very shocked and angry and found it difficult to come to terms with her situation. As time went on, she began missing the things she had lost and expressed grief. She was clearly distressed."

Abbott and Mason Building and Joinery Contractors Ltd, of Carter Lane, Mansfield, pleaded guilty to breaching Regulations 7, 8, 11(1), 16 and 24(1) of the Control of Asbestos Regulations 2006 and was fined a total of £20,000. The company was also ordered to pay full costs of £5,741.

Asbestos is the single greatest cause of work-related deaths in the UK. Health and safety information on the dangers and management of asbestos in the workplace is available at www.hse.gov.uk/asbestos.

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 7 of the Control of Asbestos Regulations 2006 states: (1) An employer shall not undertake any work with asbestos unless he has prepared a suitable written plan of work detailing how that work is to be carried out. (4) The plan of work shall include in particular details of -
   1. the nature and probable duration of the work;
   2. the location of the place where the work is to be carried out;
   3. the methods to be applied where the work involves the handling of asbestos or materials containing asbestos;
   4. the characteristics of the equipment to be used for -
      1. protection and decontamination of those carrying out the work, and
      2. protection of other persons on or near the worksite;
   5. the measures which the employer intends to take in order to comply with the requirements of regulation 11; and
   6. the measures which the employer intends to take in order to comply with the requirements of regulation 17.
3. Regulation 8 of the Control of Asbestos Regulations 2006 states: (1) Subject to regulation 3(2), an employer shall not undertake any work with asbestos unless he holds a licence granted under paragraph (2) of this regulation. (2) 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.
4. Regulation 11(1) of the Control of Asbestos Regulations 2006 states: Every employer shall- (a)prevent the exposure of his employees to asbestos so far as is reasonably practicable; (b)where it is not reasonably practicable to prevent such exposure- (i)take the measures necessary to reduce the exposure of his employees to asbestos to the lowest level reasonably practicable by measures other than the use of respiratory protective equipment, and (ii)ensure that the number of his employees who are exposed to asbestos at any one time is as low as is reasonably practicable.
5. Regulation 16 of the Control of Asbestos Regulations 2006 states: "Every employer shall prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably practicable the spread of asbestos from any place where work under his control is carried out."
6. Regulation 24(1) of the Control of Asbestos Regulations 2006 states: "Every employer who undertakes work with asbestos shall ensure that raw asbestos or waste which contains asbestos is not (a)stored;(b)received into or despatched from any place of work; or (c)distributed within any place of work, except in a totally enclosed distribution system, unless it is in a sealed receptacle or, where more appropriate, sealed wrapping, clearly marked in accordance with paragraphs (2) and (3) showing that it contains asbestos."
7. Full details of The Control of Asbestos Regulations 2006 can be found at www.legislation.gov.uk/uksi/2006/2739/contents/made

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