A waste removal contractor has been sentenced after undertaking asbestos removal work at two locations without being licensed to do so.
The Magistrates’ Court heard how, on two occasions 1 September and 7 November 2016 the contractor, who advertised as an asbestos removal service, was contracted to remove asbestos containing materials from properties
An investigation by the Health and Safety Executive (HSE) found that the contractor worked with asbestos containing materials that required him to have a licence from the HSE. He did not and has never had a licence issued to him for this purpose.
The contractor pleaded guilty to breaching Regulations 8 (1) of the Control of Asbestos Regulations 2012, and Regulations 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. He has been fined £1500.00 and ordered to pay costs of £2657.00
Speaking after the hearing a HSE inspector said: “The contractor undertook asbestos removal work which he was not licensed to do.
“Asbestos removal must be done by HSE licensed contractors to ensure the highest standards are met to prevent health risks to employees and members of public.”
Director and company fined after unlicensed asbestos removal
An asbestos removal company and one of its Directors have been sentenced after removing licensable asbestos materials in an unsafe manner.
The Court heard that on 8 March 2013 the Health and Safety Executive (HSE) received a concern from an employee of a construction company hired to demolish a building. The asbestos removal company had been contracted to conduct an asbestos survey and then arrange for the removal of any identified asbestos material before demolition work could begin on site.
An investigation by the HSE found that the asbestos removal company had undertaken similar work in other locations and failed to ensure that this work with asbestos was undertaken in a safe manner by competent personnel. They also failed to undertake further testing on these sites to ensure that the asbestos had been removed safely and as a result placed workers at risk of exposure to asbestos fibres, as well as putting members of the public at risk.
The investigation also found the company’s Director, , ignored the legal requirements for the licensed removal of asbestos containing material.
The asbestos removal company pleaded guilty to the six charges:
- Sections 2 and 3 of the Health and Safety at Work Act 1974 for the work conducted at the site. These charges concern risks to their own operatives and members of the public.
- The company also pleaded guilty to the same charges for work conducted at aPolice Station.
- the asbestos removal company also pleaded guilty of breaching Regulation 11 of the Control of Asbestos Regulations 2012 for work conducted at another site regarding a failure to control personal exposures to asbestos.
- It also admitted the same charge for work conducted at a different site
At Court the company has been fined a total of £100,000 and ordered to pay costs of £31,000.
The company director also pleaded guilty to the same six charges, and was given a total of six months imprisonment suspended for two years.
Speaking after the hearing HSE an inspector said: “Both the company and Director have failed to protect their workers and members of the public on a number of occasions and as a result placed them at risk of exposure to asbestos fibres.
“Work with the material the company identified should have been subcontracted to a qualified Licensed asbestos removal company.
Contractor sentenced after householder exposed to asbestos
A building contractor has appeared in court after exposing a homeowner and her family to asbestos while carrying out a garage conversion.
The Magistrates’ Court heard that the contractor, carried out asbestos removal work during the conversion when he was not licenced to do so and failed to carry out this work in a safe manner resulting in asbestos contamination in the ground floor of the house.
The Health and Safety Executive (HSE) investigation into the and found the contractor had removed Asbestos Insulating Board ceiling panels from the garage, broken them up, and placed them in the garden for several days. When the home owner queried what the boards were, she was told it was asbestos, but they were safe and would be removed soon.
After ringing the local Council the home owner then contacted a licensed asbestos removal contractor who confirmed that the boards were Asbestos Insulating Board and should be removed under controlled conditions. Asbestos contamination was found in several areas of the house and the householder was unable to re-enter the house for more than a week while a clean-up operation costing in excess of £12,000 was carried out.
The building contractor pleaded guilty to breaches of Regulation 10 of the Control of Asbestos Regulations 2012 and Regulation 8 (1) of the Control of Asbestos Regulations 2012. He was fined £475 for each breach and ordered to pay a compensation order of £7,500.
Speaking after the hearing HSE Inspector said: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices. Companies and individuals should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards”.
Utility company fined after exposing employees to asbestos
A utility services company has today been fined for exposing four of its employees to asbestos during work in 2014.
Court heard that four electricians employed by the group had been drilling through door transom panels to fit electric cables into each property within the tower block as part of the installation of a new low voltage distribution system.
The company had identified that an asbestos survey was carried out ahead of the works starting but did not include a survey of the transom panels above each flat entrance door.
The four electricians started work on the site on 23 June 2014 and drilled holes in the door transom panels in all 44 flats. The electricians were not aware that the panels contained asbestos so no measures were in place to control exposure to airborne asbestos fibres.
On 2 July 2017, a resident raised a concern that the panels were asbestos, work was stopped and the panels tested. The samples tested positive for asbestos. Immediate action was taken to decontaminate the flats which involved the local council making arrangements for the residents to leave their properties while the work was being done.
An investigation by the Health and Safety Executive (HSE) found that the utility services company had failed to provide and maintain a safe system of work to identify the presence of asbestos in the transom panels and failed to carry out a suitable and sufficient assessment of risk to their employees from asbestos when carrying out cable routing work.
The company has been fined £6000 after pleading guilty to a breach of Section 2 (1) of the Health and Safety at Work etc. Act 1974.
Speaking after the hearing, HM Inspector of Health and Safety said “This incident could have easily been avoided if the company had in place a system of work to ensure that the asbestos survey it requested to be carried out covered all of the intended work areas. Failing to do this resulted in 44 asbestos panels being drilled into with no measures in place to control the risk of exposure to the resultant asbestos fibres.”
If you require Asbestos training, please see a list of UKATA Approved training providers and courses near you:
Published on Friday 17th November 2017