Firm fined after failing to manage asbestos at Tyneside site

Date:

4 April 2012

Release No:

NE/002/12

A laboratory testing firm has been prosecuted after putting workers at its Tyneside premises at risk of exposure to asbestos.

An investigation was launched into the activities of Exova (UK) Limited following a complaint the company had not dealt with damaged asbestos at its site at The Grubb Parsons Building on Shields Road, Newcastle, despite being recommended to do so on two previous occasions.

Newcastle Magistrates' Court heard the company's own accredited asbestos testing branch carried out a survey of the premises on 3 October 2008. Damaged asbestos was identified by this branch in two separate areas of the site and the survey stated the damaged asbestos should be removed, repaired or sealed off.

A further survey was completed in February 2010 and again stated the previously identified damaged asbestos was still there and repeated its earlier recommendation.

HSE inspector Andrew Woodhall visited the site on 15 July 2010 and found the recommendations of the two earlier surveys had still not been implemented and employees were continuing to access and work in areas where damaged asbestos was present. He then instigated enforcement action.

Exova (UK) Limited, of Lochend Industrial Estate, Queen Anne Drive, Newbridge, Midlothian, was fined a total of £36,000 (£12,000 for each offence) and ordered to pay £8,000 costs after it pleaded guilty to three breaches of the Control of Asbestos Regulations 2006.

After the case, HSE inspector Andrew Woodhall, said:

"Exova (UK) Limited used its own internal, industry-accredited asbestos testing company to undertake surveys, but then failed to take the recommended action despite knowing their employees worked in at-risk areas.

"Anyone who is responsible for non-domestic premises such as factories must take reasonable steps to find if there are materials containing asbestos in their premises and, if so, where it is and what condition it is in.

"They're then required to assess that risk, taking into account the current condition, the likelihood of deterioration or damage and who could be exposed to asbestos fibres. They should then prepare a plan on how they will manage the risks and take the necessary steps to put those plans into action.

"Exova failed to take the majority of these steps and needlessly and inexplicably chose to put its employees at risk."

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 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. www.hse.gov.uk
2. Regulation 4(9)(c) of the Control of Asbestos Regulations 2006 states: "The measures to be specified in the plan for managing the risk shall include adequate measures for ensuring that information about the location and condition of any asbestos or any such substance is (i) provided to every person liable to disturb it, and (ii) made available to the emergency services."
3. Regulation 4(10)(b) of the Control of Asbestos Regulations 2006 states: "The dutyholder shall ensure that the measures specified in the plan are implemented."
4. 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."
5. Exova (UK) Ltd was also ordered to pay a £15 victim surcharge for each offence (£45 in total), the proceeds of which will be spent on services for victims and witnesses.

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Issued on behalf of the Health and Safety Executive by the Regional News Network