�The Health and Safety Executive (HSE) has issued a blunt warning about managing the risks from asbestos, following its criminal prosecution of a two companies in Essex, after workers in their employment were exposed to asbestos containing materials.
R Maskell Ltd of Loughton, Essex was fined �150,000 with costs of �30,000 at Ipswich Crown Court today (sixth August). The company pleaded guilty to Section 2.1 of the Health and Safety at Work etc Act 1974 and Regulation 18 of the Construction (Health, Safety and Welfare) Regulations 1996.
LCH Contracts Ltd of Great Burstead, Billericay, Essex was fined �70,000 and costs of �13,821.00. The company pleaded guilty to two Health and Safety breaches of Regulation 15 of the Control of Asbestos at Work Regulations 2002 and Regulation 7 of the Control of Asbestos at Work Regulations 2002.
Between 15th August-27th September 2005, R Maskell was carrying out renovation work and had, later on discovering asbestos, sub-contracted LCH Contracts to carry out asbestos removal at St Francis Tower, Franciscan Way, Ipswich.
HSE inspectors visited the site on 27th September 2005 to inspect asbestos remotion work pickings place. They became selfsame concerned over the state of the building, as there was debris on floors and in black sacks on most floors of the 15 storey tower block and some appeared to be asbestos containing materials (ACM's). Work was then stopped in the building.
The HSE investigation set up the construction to be contaminated with ACM's and evidence was found that asbestos detachment board (AIB) had non been removed following adequate safety procedures. Specifically, it was distant without using a wet strip technique - wetting of the product to prevent character release during removal.
HSE Inspector, Nicola Surrey aforesaid:
"Every year 1000 people who worked in building maintenance and repair trades die from past exposures to asbestos fibres. The exposure of employees from R Maskell Ltd and LCH Contracts Ltd to asbestos, could and should have been avoided by straightforward rubber precautions. HSE will not hesitate to take activity against those who fall short of the law in such a way.
"Asbestos must be in good order managed to prevent mass dying from asbestos diseases in the future. If you are responsible for managing the maintenance and repair of a building, you mustiness manage whatever asbestos in it. HSE has provided guidance to help people understand what they make to do to follow with their legal obligations."
Notes
1. The Control of Asbestos Regulations 2006 include the 'duty to finagle asbestos' in non-domestic premises. Guidance on the duty to oversee asbestos toilet be launch at: hypertext transfer protocol://www.hse.gov.uk/asbestos/regulations.htm. The Regulations command mandatory training for anyone liable to be exposed to asbestos fibers at work. This includes criminal maintenance workers and others world Health Organization may derive into contact with or who may disturb asbestos (e.g. cable installers) as well as those involved in asbestos removal work.
2. When work with asbestos or which english hawthorn disturb asbestos is being carried out, the Asbestos Regulations require employers and the freelance to keep exposure to asbestos fibers. Where this is non reasonably practicable, they must make sure that exposure is unbroken as low as sensibly practicable by measures early than the use of respiratory protective equipment. The spread of asbestos must be prevented. The Regulations specify the work methods and controls that should be used to forestall exposure and spread.
3. For more information about asbestos see: http://www.hse.gov.uk/asbestos/index.htm
4. Section 2(1) of the HSWA states: "It shall be the duty of every employer to insure, so far as is reasonably workable, the health, safety and welfare at work of all his Employees."
5. Regulations 7 of the Control of Asbestos at Work Regulations states: "a desirable and sufficient plan of work must be prepared and followed"
6. Regulations 15 of the Control of asbestos at Work Regulations states: "employees must reduce the scatter of asbestos so far as is reasonably workable"
7. Regulation 18 of the Construction (Health, Safety and Welfare) Regulations 1996 states: "suitable and sufficient steps must be taken to prevent the risk from fire"
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