Site manager sentenced after worker exposed to asbestos

Date:

10 March 2011

A construction site manager from Barry has been sentenced after directing a bricklayer to demolish a wall that contained asbestos, which put him at serious risk.

On 22 May 2009, Henry Bohlen, 63 was in Newport, supervising the refurbishment of the Monwel Hankinson facility which manufactures equipment for people with disabilities.

A full site survey for asbestos had been carried out, but Mr Bohlen failed to check the warnings it gave and instructed Justin Jones, a bricklayer from Pontypridd, to manually demolish the known asbestos-containing fascia boards from the building.

Mr Jones used a hammer and chisel to break up the board into fragments, which generated plumes of dust, releasing asbestos fibres into the air.

When these fibres are inhaled they can cause serious diseases which are responsible for around 4,000 deaths a year. There are four main diseases caused by asbestos, all of which can develop much later after exposure - they are mesothelioma (which is always fatal); lung cancer (almost always fatal); asbestosis (not always fatal, but it can be very debilitating) and diffuse pleural thickening.

Mr Jones continued working as he had been asked to until another manager realised the danger and told him to stop. Mr Jones had to undergo emergency decontamination as a result.

Architects employed by Newport City Council, which partly runs the Monwel Hankinson facility, had specifically designed the refurbishment work to avoid disturbing any of the asbestos-containing materials. As site manager, Mr Bohlen was aware of this element of the refurbishment plan.

Mr Bohlen later informed Newport City Council that additional work was needed on the building and, rather than waiting for the authorisation or amended plans from the architects, he went ahead and told Mr Jones to carry out the work which led to him being exposed to the potentially deadly asbestos.

Henry Bohlen pleaded guilty to breaching Section 7(a) of the Health and Safety at work etc. Act 1974 and was given a suspended sentence of two months. He was also ordered to carry out 150 hours of community service.

Inspector Liam Osborne said:

"Henry Bohlen was a very experienced construction site manager and, by his own admission was aware of asbestos, the risks to health and the correct procedures that ought to have been followed.

"Rather than wait for the architect's plans, consult the site survey, or if that was not available, to have taken a few minutes to check with other parties, Mr Bohlen went ahead and instructed Mr. Jones to do the work, which ultimately exposed him to the potentially deadly asbestos.

"This is something Mr Jones will have to live with for the rest of his life - wondering whether his site manager's lack of consideration might lead to him contracting a deadly disease."

More information on risk assessment can be found on the HSE website at http://www.hse.gov.uk/risk/index.htm.

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. Section 7(a) of Health and Safety at Work etc. Act states 'it shall be the duty of every employee to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work;

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