Construction companies fined after workers exposed to asbestos

Date:

28 March 2011

Release No:

COISE/0111

A plant hire company and a construction services firm have been fined for exposing employees and members of the public to asbestos.

An investigation by the Health and Safety Executive (HSE) found Mansell Construction Services Ltd of Croydon and sub-contractor Woodlands Plant Hire Ltd of Ickleton, South Cambridgeshire, put workers and the public at risk by failing to properly manage the presence of asbestos during the refurbishment of a residential block of flats, between 24 November and 8 December 2009.

During the work in an occupied London Borough of Hackney block of flats, asbestos insulation board was disturbed and removed by unlicensed contractor, Woodlands Plant Hire Ltd, potentially releasing the deadly substance into the air.

A previous survey, identifying the presence of asbestos insulation board in a number of the properties, had been provided to Mansell, but had not been acted upon or passed to their sub-contractors.

Mansell Construction Services Ltd pleaded guilty and was fined £50,000 at the Old Bailey for breaching Regulation 22(1)(a) Construction (Design and Management) Regulations 2007.

Woodlands Plant Hire Ltd pleaded guilty of breaching regulations 5, 8(1) and 11(a) of the Control of Asbestos Regulations 2006, and was fined £50,000. The companies were ordered to pay joint costs of £20,690.

HSE Inspector Dominic Ellis said:

"Despite recent high profile campaigns on the dangers of working with asbestos, this case sadly illustrates some companies are still failing to manage the risks robustly.

"Mansell had information that asbestos was present, yet neglected to act on it, meaning a licensable asbestos material was removed in an uncontrolled manner, needlessly risking the health of contractors and members of the public."

Asbestos-related diseases are responsible for around 4,000 deaths a year. Working on or near damaged asbestos-containing materials or breathing in high levels of asbestos fibres, which may be many hundreds of times that of environmental levels, could increase your chances of getting an asbestos-related disease.

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. For more information about the work of HSE, visit www.hse.gov.uk
2. 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; (c) assumes that asbestos is present, and that it is not chrysotile alone, and; (d) observes the applicable provisions of these Regulations.
3. Regulation 8(1) of the Control of Asbestos Regulations 2006 states: An employer shall not undertake any work with asbestos unless he holds a license granted under paragraph (2) of this regulation.
4. Regulation 11(1)(a) of the Control of Asbestos Regulations 2006 states: "Every employer shall... prevent the exposure of his employees to asbestos so far as is reasonably practicable."
5. Regulation 22(1)(a) of the Construction (Design and Management) Regulations 2007 states: "The principal contractor for a project shall plan, manage and monitor the construction phase in a way which ensures that, so far as is reasonably practicable, it is carried out without risks to health or safety"
6. Further information on asbestos safety can be found at: http://www.hse.gov.uk/asbestos

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Issued on behalf of the Health and Safety Executive by COI News & PR South East