Posts Tagged ‘exposure to asbestos’
South Yorkshire firm fined for exposing workers to asbestos
A Rotherham firm continued exposing workers to dangerous asbestos-containing materials despite advice from the local council.
Only when the Health and Safety Executive (HSE) issued a Prohibition Notice banning entry to two warehouses run by local storage firm, Rotherham Bonding Company Ltd, were employees removed from danger.
Rotherham Magistrates’ Court heard the Council bought the warehouses in Oldgate Lane from Fosters of Thrybergh Ltd in July 2009 and arranged for a professional asbestos survey before demolishing them. In the meantime Rotherham Bonding Company, which ran the warehouses, was using staff from its sister company, Fosters of Thrybergh, to empty them of their stock of wine and spirits.
The court heard Rotherham Council’s surveyor spotted large amounts of damaged asbestos-containing materials on the floors where forklift trucks were operating. He advised employees and the council about his findings. The council notified both Rotherham Bonding Company and Fosters of Thrybergh about the presence of asbestos but nothing was done and work was allowed to continue.
HSE was informed in September and visited the site. It immediately issued the Prohibition Notice preventing entry into the buildings and later took samples which showed white and brown asbestos were present. As a result a full survey was carried out and 18 of 20 samples were found to contain significant concentrations of asbestos. Read More
Northern TUC welcomes change in asbestos compensation policy
As a result of pressure brought to bear here in the North East and lobbying by the TUC Asbestos Support & Campaign Group the government has just decided to change its policy on posthumous pleural plaques claims.
Instead of an outright refusal they are now prepared to make a payment if a pleural plaques sufferer dies after having submitted an application. In appropriate cases the payment will be made to the deceased’s estate. The MOJ website FAQ page has published a clarification on the award of posthumous claims. Read More
Window company exposed workers to asbestos
The owner of a Welshpool-based window and conservatory installation company has been fined for failing to protect its workers from exposure to asbestos.
Four employees were exposed while removing soffits on a property at Chirbury Gate, Montgomery, Powys, between 16 and 17 June 2009.
An investigation by the Health and Safety Executive (HSE) found that Philip Leslie Davies, (54), trading as Meadow View Windows and Conservatories, had failed to take effective measures to prevent or reduce his employees being exposed to the potentially deadly substance.
Mr Davies, of Shrewsbury, admitted exposing employees to asbestos, failing to carry out a suitable and sufficient assessment, and failing to ensure adequate information, instruction and training was provided to employees.
He was charged with breaching of Regulations 5, 10(1) and 11(1)(a) of the Control of Asbestos at Work Regulations 2006.
He was fined a total of £3,000 (£1,000 for each charge) and ordered to pay costs of £1,615 at Welshpool Magistrates Court on 19 November 2010
HSE inspector Chris Wilcox said:
“Four of Mr Davies’ employees were exposed to asbestos in circumstances that were wholly avoidable.
“They now have to live with the fear of becoming ill with a life-threatening lung disease.
“Those working in the roofline products industry must check for the presence of asbestos and be fully aware of the legal requirements for working with asbestos-containing materials.”
Asbestos is the biggest single cause of work-related deaths in the UK, with an estimated 4,000 people dying every year. Information on working safely with asbestos is available at www.hse.go.uk/asbestos[1]
The court also ordered the defendant to pay a separate £15 victim surcharge, the proceeds of which will be spent on services for victims and witnesses.
Source: HSE – 19/11/2010
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Asbestos Surveys – John Lewis facing fine after asbestos find
Retailer admits not conducting proper survey before refurbishment work at Edinburgh branch.
John Lewis PLC is facing a large fine after admitting failing to do proper checks for asbestos while carrying out refurbishment work at a city department store.
Edinburgh Sheriff Court heard renovation work was being carried out over four days at the management suite at the city’s St James Centre in July 2008 when asbestos was discovered at a board between two radiators. Workers covered it in a bag and then reported it to management.
A check was carried out and the board was sent for analysis but work was allowed to continue when the site should have been shut down. It was only when the results came back positive that the project was halted.
The court heard around 15 workers could potentially have been exposed to the harmful substance.
Fiscal depute Maureen McGovern told the court that a Type Three survey should have been carried out either by John Lewis PLC or Morris and Spottiswood, the contractors, before the project was commenced. This did not happen.
The court heard a Type Two survey was carried out but was not thorough enough as the board went undetected.
Miss McGovern said that it can take 40 years for affects of exposure to asbestos to become apparent. She added there were around 4000 deaths every year in the UK due to asbestos.
Minimal exposure
A survey of the department store after the incident showed that asbestos had not spread out of the management suite and although there was exposure it was minimal.
John Lewis PLC and Morris and Spottiswood each admitted three charges under the Control of Asbestos Regulations 2006, Construction (Design and Management) Regulations 2007 and Management of Health and Safety at Work Regulations 1999.
Defence lawyer Robert Fife for John Lewis said the department store, which announced pre-tax profits of £306m in March, apologised for the incident. He said the company, whose director sat in court to listen to proceedings, had spent some 3000 man hours and £100,000 carrying out detailed post-incident work to ensure nothing like this would happen again.
He said: “It is highly unlikely there will be any similar incident involving John Lewis PLC across the country. John Lewis PLC have a long-standing relationship in the community and have no interests in harming people, it is not how they work. It has been embarrassing for them that this has happened. Their reputation is everything.” Read More