HSE Prosecutions

Bristol landlord fined for asbestos exposure
Date:
27 January 2010
Release No:
WW681A Bristol-based company has been fined for putting its workers at risk of asbestos-related diseases while working on a property in the city.

Frank Bruce and Company Ltd, of St George, Bristol pleaded guilty at Bristol Magistrates in relation to refurbishment work at Lawrence Hill Industrial Park in the city during February and March 2009.

The court heard Health and Safety Executive (HSE) inspectors visited industrial units where the defendant had organised refurbishment work involving the removal of a large quantity of asbestos insulation board without taking statutory safety precautions.

This led to exposure of the workers to the asbestos and also the contamination of the units being renovated.

The court heard the company plead guilty to breaches under Regulation 14 of the Construction (Design and Management) [CDM] Regulations 2007 by failing to appoint a CDM-coordinator or principal contractor for notifiable construction work and Regulation 4 (10) of the Control of Asbestos Regulations by failing to review or implement a plan to manage materials containing asbestos.

Frank Bruce and Co was today (WED) fined £18,000 for breaching the regulations and ordered to pay £6,679 costs.

Speaking after the hearing, HSE Inspector Sue Adsett said: "The decision not to have large quantities of asbestos insulation board removed by licensed contractors before the general refurbishment work began, put the workers at risk and contaminated the site.

"The work was stopped and the defendant paid to make the site safe, but this doesn't change the fact that seven construction workers were exposed to asbestos, which we know can cause fatal diseases.

"Landlords and property developers need to be very wary of organising construction work themselves if they haven't got appropriate experience of managing health and safety in building projects."

Around 500,000 buildings built before 2000 could contain asbestos, according to HSE estimates. If managed properly and kept in good condition, asbestos need not pose safety concerns.

Landlords need to arrange for 'Type 3' surveys to be done before refurbishment or demolition and pass this information on to builders before asking them to start work. Some asbestos products - such as Asbestos Insulation Boards or Asbestos Insulation - can only be removed by specially licensed contractors.

Notes to editors
1.Pictures of work at the site in Lawrence Hill are available by calling the COI contact below
2.Further guidance and advice on health and safety issues relating to asbestos can be found on the HSE website at http://www.hse.gov.uk/asbestos/index.htm[1]
3.The court also ordered Macob Administration Ltd to pay a separate £15 victim surcharge, the proceeds of which will be spent on services for victims and witnesses

Two Enfield firms fined after unlicenced asbestos removal

Date:7 October 2009
Release No: COILDN/0710

Two companies have been prosecuted after workers and members of the public were exposed to unacceptable levels of asbestos during a removal project.

The Health and Safety Executive took the companies to court, on the 06 October 2009, after an unlicensed contractor carried out the specialist work at a warehouse in Brimsdown, Enfield.

On 29 November 2005, Noble Gift Packaging Ltd contracted A & T Roofing Ltd to remove the roof from a building on Lockfield Avenue. The roof was lined with 3,000 square meters of asbestos insulating board that contained Amosite (brown asbestos fibres), which requires removal in highly controlled conditions by licensed asbestos contractors.

A & T Roofing Ltd, of 191 Bowes Road, Enfield, pleaded guilty at Southwark Crown Court, on 1 September 2009, to Regulation 3(1) of the Asbestos (Licensing) Regulations 1983, and Sections 2(1) and 3(1) Health & Safety at Work etc Act 1974. They were fined £25,000 and were ordered to pay costs of £33,844.30.

Noble Gift Packaging Ltd, of 73 Lockfield Avenue, Enfield, pleaded guilty at the City of London Magistrates’ Court, on 28 October 2008, to Section 3(1) Health & Safety at Work etc. Act 1974. They were fined £40,000 and were ordered to pay costs of £19,223.65.

A & T Roofing Ltd employees spent 12 weeks removing and smashing the boards before sweeping the dust and debris into bags. The workers were not provided with effective protection, even after the company found out that the material being cleared contained Amosite.

Managers allowed work to continue after employees complained and a tested sample showed the presence of asbestos. Workers at the site were exposed to potentially deadly fibres. These were carried on their clothes and into their homes, vehicles, onto public transport, and may have contaminated the general public and their own families.

Following the hearing HSE Inspector Sarah Snelling said:
“A & T Roofing Ltd’s cavalier attitude towards the removal of the asbestos has put the future health of their employees, their employees’ families and members of the public in general at serious risk. The exposure suffered by the men working on this project is the worst our specialist inspector has seen in over 15 years of dealing with asbestos cases.

“Not everyone exposed to asbestos goes on to develop life-threatening or terminal asbestos-related conditions such as lung cancer, asbestosis or mesothelioma. However, when people do develop such conditions, it is often many years after they were exposed. All the men exposed, and their families, will have this hanging over them for the rest of their lives.

“The actions of A & T Roofing Ltd in this matter were unpardonable; they were told two weeks into the project that they were working with brown asbestos but carried on for another 10 weeks.

“Noble Gift Packaging Ltd, as client for the work, should have taken the basic step of having a full asbestos survey done after they were informed in a valuation survey that the roof contained asbestos. This could have prevented this whole tragic case.

“HSE will always push for the harshest penalties in such cases.”

Notes to editors
1.Section 2(1) of the Health and Safety at Work etc Act 1974 states: It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
2.Section 3(1) of the Health and Safety at Work etc Act 1974 states: “It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
3.Regulation 3(1) of the Asbestos (Licensing) Regulations 1983 states: "an employer shall not undertake any work with asbestos insulating board unless he holds a licence granted under these Regulations relating to such work & complies with the terms & conditions of that licence."
4.& T roofing is prosecuted under the former Asbestos (Licensing) Regulations 1983 that was replaced by the Control of Asbestos regulations 2006, after the offence was committed and investigated.

Company fined for asbestos failings

Date:8 December 2009
Release No:
613/W/09A company has been fined for failing to carry out proper risk assessments for the presence of asbestos before a major office refurbishment in Merthyr Tydfil.

Employees and contractors were put at risk when work started on the refurbishment without an asbestos survey.

Waxport Ltd of Mottingham Road, Edmonton, London pleaded guilty to breaches of Regulation 4(8) and 4(9) of the Control of Asbestos Regulations 2006 at Merthyr Tydfil Magistrates' Court yesterday. They were fined £1,000 and ordered to pay costs of £8,416.43.
The company, which owned Oldway House, an office block in the centre of Merthyr Tydfil, had previously been issued with advice from a licensed asbestos contractor advising them complete an asbestos survey before carrying out major refurbishment work in the building in April 2007.

Waxport Ltd commissioned another company to carry out the refurbishment work, and advised them that asbestos was no longer present or had been encapsulated in the building. As a result, work commenced and asbestos was disturbed with work only stopping when a site worker identified the substance.

HSE Inspector, Dean Baker, said:
"The dangers of asbestos are very well known, but Waxport Ltd failed to carry out a proper risk assessment putting their own staff, contractors and other people working in the building at risk of being exposed to airborne fibres.

"The company were required to have a comprehensive asbestos management plan in place identifying where asbestos was located but they failed to do this. In this case, an asbestos survey was only carried out after the incident occurred.
"Working on or near damaged asbestos-containing materials or breathing in high levels of asbestos fibres, which may be many hundreds of times that of environmental levels could increase workers' chances of getting an asbestos-related disease."

When asbestos fibres are inhaled they can cause serious diseases which are responsible for around 4000 deaths a year. There are four main diseases caused by asbestos: mesothelioma, lung cancer, asbestosis and diffuse pleural thickening (not fatal). Mesothelioma is always fatal, and lung cancer is almost always fatal.

More information on asbestos, including HSE's Hidden Killer campaign can be found on HSE's website at http://www.hse.gov.uk/asbestos/index.htm

Companies warned to stick to the rules when removing asbestos

Date: 9 December 2009
Release No:
WM120/09A Cradley company has been convicted of breaching health and safety regulations after failing to follow proper procedures for removing asbestos.

The Health and Safety Executive (HSE) prosecuted PW Mills (Cradley) Ltd of Bassett Road, Halesowen over the failings. The company pleaded guilty earlier this year at Walsall Magistrates Court to two counts of breaching regulation 9(1) and one count of breaching regulation 17(b) of the Control of Asbestos Regulations 2006. PW Mills (Cradley) Ltd also admitted breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

The manager of the company at the time, Roy Anthony Halden of Hillary Crest, Rugeley, Staffordshire pleaded guilty to one count of breaching Section 36(1) of the Health and Safety at Work etc Act 1974 at the Wolverhampton Crown Court on Monday 7 December 2009.

The court heard that the company removed asbestos from industrial units in Crescent Works Industrial Park, Darlaston in December 2007 and January 2008, but did not notify HSE of the work which is required by law. Asbestos debris was left in the work area, and the firm sent another team to clean up the site the following month, again without notifying HSE.

HSE investigating Inspector Mike Ford said:
"Asbestos is the single greatest cause of work-related deaths in the UK and regulations around its removal are in place for a reason. HSE must be notified of any asbestos removal work being carried out.

"We will not hesitate to take action against companies and individuals who flout the rules."

Notes to editors
1.PW Mills (Cradley) Ltd pleaded guilty to the charges on 5 May 2009 and was committed to the Crown Court for sentence but subsequently went into receivership. At the Crown Court the case was allowed to "lie on the file" as there was little prospect of any penalty or costs being paid by the company.
2.Roy Halden received a conditional discharge, with no order for costs.
3.Regulation 9(1) of the Control of Asbestos Regulations 2006 states: "Subject to regulation 3(2), an employer shall not undertake any work with asbestos unless he has notified the appropriate office of the enforcing authority in writing of the particulars specified in Schedule 1 at least 14 days before commencing that work or such shorter time before as the enforcing authority may agree.".
4.Regulation 17(b) of the Control of Asbestos Regulations 2006 states: "It shall be the duty of every employer to ensure, on completion of works with asbestos, that those parts of the premises where those works with asbestos have been carried out are thoroughly cleaned."
5.Section 3(1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health and safety."
6.Section 36(1) of the Health and Safety at Work etc Act 1974 states: "Where the commission by any person of an offence under any of the relevant statutory provisions is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person."
7.Further information on HSE's 'Asbestos - The Hidden Killer' campaign can be found online at: http://www.hse.gov.uk/asbestos/hiddenkiller/index.htm[1]
8.To view or download interview with mesothelioma sufferer Christopher Morgan as part of the 'Asbestos - The Hidden Killer' campaign visit: http://www.hse.gov.uk/press/2009/cmorganlong.htm[2] or http://www.hse.gov.uk/press/2009/cmorganshort.htm



Development company fined £5,500 following asbestos contraventions

Date: 10 December 2009
Release No:
615/SWW/09A development company that exposed both employees and others to the risks of asbestos during renovation work has been prosecuted by the Health and Safety Executive (HSE).

Stonehouse Design and Build Limited, based in Houndiscombe Road, Mutley, Plymouth, Devon, was charged with health and safety breaches under the Control of Asbestos at Work Regulations 2002, following renovation work at the former Sharksfin Hotel at The Quay in Mevagissey, Cornwall, between December 2005 and July 2006.

The company was charged with breaching Regulation 15 (relating to the spread of asbestos) and Regulation 16 (1) (a) (relating to the failure to keep the site clean). Having pleaded guilty to both charges, Stonehouse Design and Build Ltd was fined £2,700 for the each of the breaches then ordered to pay part costs of £8,267 at Bodmin Magistrates Courts yesterday (8 December 2009).

Stonehouse Design and Build Limited bought the former hotel site in order to convert the building into apartments. During the course of the renovation work, asbestos was disturbed and HSE was notified in confidence that the hazardous material was not being removed under appropriate controlled conditions. This included the illegal disposal of asbestos materials alongside general waste, designated for general landfill waste. Work at the site was halted by HSE inspectors in July 2009 and the asbestos was removed under licensed conditions then the site decontaminated by a specialist team.

Speaking after the hearing, HSE Inspector, Martin Lee, said:

"We have just been running an asbestos awareness campaign called 'The Hidden Killer' precisely to highlight the dangers of this potentially lethal material to tradesmen such as those working at the former Sharksfin Hotel site.

"The dangers of exposure to asbestos cannot be underestimated. In Cornwall alone, 250 men died from mesothelioma caused by asbestos between 1981 and 2005 (latest figures available). This figure will continue to rise unless we can educate tradesmen about the dangers of asbestos and why this is relevant to them.

"We want them to change the way they work so that they don't put their lives at risk. The most simple, but important advice is, if any worker or developer is not 100 per cent certain that there is no asbestos on site, then work should not begin before the facts are known. It is not worth the long-term risk."

Notes to editors
1.Stonehouse Design and Build Limited pleaded guilty to breaching Regulation 15 of the Control of Asbestos at Work Regulations 2002 in that: 'it failed to prevent or, where this was not reasonably practicable, reduce to the lowest level reasonably practicable, the spread of asbestos from any place where work under its control was being carried out namely at the former Sharksfin Hotel...'
2.Stonehouse Design and Build Limited pleaded guilty to breaching Regulation 16 (1) (a) of the Control of Asbestos at Work Regulations 2002 in that: it failed to ensure that the premises, namely the former Sharksfin Hotel, or those parts of the premises where the work was being carried out and the plant used in connection with that work were kept in a clean state...'
3.Free asbestos information packs are available by calling 0845 345 0055 or by visiting www.hse.gov.uk/hiddenkiller[1]. The information highlights where asbestos-containing materials may be present, what they look like, how they should be dealt with and where to find training.
4.To view or download interview with mesothelioma sufferer Christopher Morgan as part of the 'Asbestos - The Hidden Killer' campaign visit: http://www.hse.gov.uk/press/2009/cmorganlong.htm[2] or http://www.hse.gov.uk/press/2009/cmorganshort.htm

Prosecution launched against a high street retailer and four contractors for exposing people to asbestos-containing materials during refurbishment

Date: 12 January 2010
Release No: COISE/0201

At Bournemouth Magistrates’ court today the Health and Safety Executive (HSE) initiated criminal proceedings against Marks and Spencer plc and four other companies for asbestos-related breaches during refurbishment work at shops in Reading, Bournemouth and Plymouth, where it is alleged that the companies failed to ensure that staff and members of the public were not exposed to risks from asbestos-containing materials.

Marks and Spencer plc pleaded not guilty to breaching three counts of section 2(1), relating to their own staff, and three counts of section 3(1), relating to members of the public and other workers, of the Health and Safety at Work etc Act 1974. Each of these charges relates to each of the three stores and date from September 2004 to November 2006.

Styles and Wood Ltd, based in Cheshire, pleaded guilty to contravening sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. These charges relate to offences committed between 24 April 2006 and 13 November 2006 at the Marks and Spencer plc store at 12 Broad Street, Reading. The company will be sentenced at Crown Court at a later date.

Willmott Dixon Construction Ltd of Hertfordshire, entered no plea to the allegations of contravening sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 between 5 February 2007 and 3 July 2007. These alleged breaches took place at the Marks and Spencer plc store at 23 Commercial Road in Bournemouth.

Manchester-based company PA Realisations Ltd (formally Pectel Ltd), faces allegations of contravening regulation 10 of the Control of Asbestos at Work Regulations 2002 between 24 April 2006 and 12 November 2006, and regulation 15 of the Control of Asbestos at Work Regulations 2002 on dates between 5 May 2006 and 12 November 2006 at the Marks and Spencer plc store in Reading. PA Realisations Ltd was not represented in court today.

A committal hearing date has been set for 2.15pm on Tuesday 9 February 2010 at Bournemouth Magistrates' Court.

Notes to editors
1.A fifth company, Clarence Contractors Ltd, was prosecuted and sentenced in relation to asbestos removal. The company, which is in terminal liquidation, was today (12th January 2010) fined £50 for each offence (total £200) and £100 costs. Based in Sheffield, the company pleaded guilty to breaching regulations 10 and 15 of the Control of Asbestos at Work Regulations 2002 for offences committed between September 2004 and September 2006 at Marks and Spencer plc store at 29 Old Town Street, Plymouth. The company also pleaded guilty to contravening regulations 11 and 16 of the Control of Asbestos Regulations 2006 at the Marks and Spencer plc store at 23 Commercial Road in Bournemouth. The offence under regulation 11 took place between 5 February 2007 and 3 July 2007. The offence under regulation 16 occurred between 5 February 2007 and 8 March 2007.
2.The remaining prosecutions are now a matter for the Court. HSE is unable to comment further.
3.Section 2(1) of the Health and Safety at Work etc Act 1974 states: It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
4.Section 3(1) of the Health and Safety at Work etc Act 1974 states: It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
5.Regulation 10 of the Control of Asbestos at Work Regulations 2002 begins: Every employer shall prevent the exposure of his employees to asbestos so far as is reasonably practicable. For the rest of this regulation please see: http://www.opsi.gov.uk/si/si2002/20022675.htm#10 [1]
6.Regulation 15 of the Control of Asbestos at Work Regulations 2002 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.
7.Regulation 11 of the Control of Asbestos Regulations 2006 begins: Every employer shall prevent the exposure of his employees to asbestos so far as is reasonably practicable; [For the rest of this regulation please see: http://www.opsi.gov.uk/si/si2006/20062739.htm#11 [2]
8.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.
9.You are advised to check the time and date of the hearing with the Court nearer the time to ensure that the case has not been put back.
10.Now that criminal proceedings have commenced your attention is drawn to the fact that the provisions of the Contempt of Court Act apply to this matter.


Unlicensed asbestos removal will be penalised warns HSE

Date: 4 September 2009
Release No:
HSE/YH/332/2009The Health and Safety Executive (HSE) is warning the building trade that companies and contractors will face prosecution if they remove asbestos without a licence.

It follows HSE’s successful prosecution today (4 September) of three contractors who carried out unlicensed asbestos removal at Kelford School in Rotherham in 2006.

Mansell Build Ltd (previously Birse Build Ltd) of Cheadle Hulme, Cheshire,was fined £12,500 and ordered to pay £12,500 costs. Andrew Brightmore, a former manager of ARB Agriplant Ltd was fined £2,500 and ordered to pay £500 costs and Gary Cusack was fined £500 and ordered to pay £250 costs. Both are of Thurcroft, Rotherham. All were prosecuted for health and safety breaches at Rotherham Magistrates’ Court.

Mansell Build Ltd, the principal contractor, was employed to carry out work to remove asbestos insulating board ceilings at the school. The work should have been carried out by a contractor licensed by HSE, but the company contracted to carry out the work, ARB Agriplant Ltd, did not have a licence.

Now in administration, ARB Agriplant Ltd then subcontracted the work to Gary Cusack, another unlicensed contractor.

All contractors failed to implement basic requirements to prevent the spread and exposure to asbestos to both those removing the materials and to others working at the school at the time.

After the removal work had been completed, Mansell Build Ltd allowed other contractors to work in those areas without verifying which areas were free from asbestos. It was then found that these areas were contaminated with asbestos.

Following the incident ARB Agriplant Ltd provided a forged asbestos licence and a falsified clearance certificate to Mansell Build Ltd, claiming that the work had been undertaken by a licensed contractor and that the area was free from asbestos.

Speaking after the case, HSE inspector David Bradley said:

"Those responsible for employees have a legal duty to protect their health and safety and in the case of asbestos they should know that any disturbance of such a dangerous material should only be tackled by licensed workers.

"In this case, the contractors responsible put others in a dangerous situation, which could have been avoided had the work been carried out by a licensed contractor.

"Asbestos is the biggest cause of work-related deaths in the UK, which is why there are strict rules in place to prevent exposure. HSE has published a wealth of advice for employers to help them reduce the risks associated with asbestos."

Around 4,000 people a year die from asbestos-related diseases. For more information go to www.hse.gov.uk/hiddenkiller[1]

Notes to editors
1.Mansell Build Limited and Andrew Brightmore were charged under Section 3(1) Health & Safety at Work Act which states:
'It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.'
2.Gary Cusack was charged under section 3(2) of the Health & Safety at Work Act which states:
'It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, Page 5 that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.'
3.HSE information and news releases can be accessed online at www.hse.gov.uk

Fife Council and contractor fined £13,700 for exposing staff and public to asbestos

The Health and Safety Executive (HSE) today warned property owners to ensure that they keep accurate records of asbestos in their buildings and pass any information on to contractors.

The warning follows a serious incident in which contracted workers as well as members of the public were exposed to airborne asbestos fibres as a result of refurbishment work in council properties in Fraser Avenue, Inverkeithing in November 2007.

At Dunfermline Sheriff Court today, (Thursday 9 July, 2009), Fife Council was fined £10,000 after pleading guilty to a charge under section 3(1) of the Health and Safety at Work etc Act 1974

The contractor, ECG Building Maintenance Ltd was fined £3,700 after pleading guilty to charges under sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974

Fife Council contracted ECG Building Maintenance Ltd to replace water storage tanks within the communal loft areas of properties in Fraser Avenue and adjoining areas. Some of these tanks were insulated with asbestos. ECG Building Maintenance Ltd were not licensed by HSE to remove asbestos nor were they competent to do the work. Their workers had not been adequately trained so did not recognise the presence of asbestos, or the risks posed by it. They also failed to implement established control measures to minimise the exposure to themselves as well as to other people in the vicinity.

HSE inspector Alastair Brown commented after the case:

" Fife Council failed to keep an understandable register of asbestos and failed to ensure that a full survey for asbestos was carried out prior to any work starting, so the information available was not sufficient to alert persons to the immediate danger from the asbestos prior to the work beginning.

"In view of the Council’s previous experience of managing asbestos, this was a very disappointing incident. The effects of exposure to asbestos fibres can take as long as 20 to 30 years to manifest themselves, and over 4,000 people are dying every year in Great Britain due to the unrecognised exposure to asbestos earlier in their working lives. Legislation came into force in May 2004 which requires the organisation in control of any non domestic premises, or the common parts on domestic premises, to identify and assess asbestos in those premises.

"The Council failed to identify that asbestos was present in the area where work was to take place, and the contractor then failed to recognise it, resulting in the asbestos becoming airborne as it was disturbed and spread into public areas of the buildings."

In October 2008 HSE ran a campaign “Asbestos – the hidden killer” which highlighted the fact that 20 tradesmen are dying every week from asbestos related diseases. The purpose of the campaign was to increase the awareness amongst tradesmen, like those involved in this incident, and their employers of the risks from exposure to asbestos.
http:/www.hse.gov.uk/asbestos/hiddenkiller/index.htm[1]

Notes to editors
1.Section 2(1) of the Health and Safety at Work Act 1974 states:
"It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees"

2.Section 3(1) of the Health and Safety at Work Act 1974 states:
"It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety

Asbestos warning after company prosecuted

The Health and Safety Executive (HSE) is warning employers of the need to manage asbestos at their premises after a Canadian company were prosecuted for potentially exposing employees and contractors to carcinogenic fibres at their Swansea plant.

Vale Inco Europe Ltd pleaded guilty, on 9 June 2009, at Swansea Magistrates' Court, to four charges under the Control of Asbestos Regulations 2006 in relation to refurbishment work being carried by a contractor, A-Weld, on a furnace at the company's premises in Clydach.

At Cardiff Magistrates Court on Thursday 6th August 2009, Vale Inco Europe Ltd was fined £12,000 and ordered to pay costs of £28,000.

The company had carried out asbestos surveys on the buildings on their site, but had not surveyed the interior of plant and equipment. As a result, asbestos insulation material within the reformer furnace was disturbed and broken, giving rise to powder and fibres, which posed a greater risk.

Workers discovered a white material they suspected of being asbestos, and a sample was sent for analysis, but the site was not isolated and work was allowed to continue until the results of the tests confirmed that the material was asbestos.

However, whilst the company then followed advice from a licensed asbestos contractor to damp down the area, the men originally working on the furnace had removed their overalls and external clothing in an area in which no-one was wearing masks or protective equipment.

HSE Principal Inspector Andrew Knowles said: "There are numerous failures in this case, including the failure to assume that asbestos would be present in the reformer furnace unless it could be proved that it was not. Knowledge that asbestos insulation was present would have resulted in a licensed contractor being used to remove the material and prevented these workers coming into contact with asbestos at all".

"Another important aspect was the failure to provide asbestos awareness training for employees, which is a specific requirement where asbestos may be present in a workplace".

"Asbestos is the greatest single cause of work-related deaths in the UK. Every week, 20 tradesmen die from asbestos related diseases, including mesothelioma - a cancer of the lining of the lung caused by asbestos".

"The failures in this case were entirely preventable and the defendant fell far short of the high standards required. This should serve as a warning to others about the dangers of asbestos and the legal requirement to manage it properly."

HSE has been running a campaign, called "Hidden Killer," to raise awareness of asbestos amongst tradespeople. The campaign website http://www.hse.gov.uk/asbestos/hiddenkiller/index.htm [1]contains information about asbestos and how to manage it.

Notes to Editors
Details of the charges under the Control of Asbestos Regulations 2006 and a summary of these is as follows:

Breach of regulation 4(3): Vale Inco Europe Ltd failed to carry out a suitable and sufficient assessment as to whether asbestos was or was liable to be present in the premises.
Breach of Regulation 5: The company had not carried out a suitable and sufficient assessment to identify any asbestos present, or alternatively assumed that it was, before starting the work.
Breach of regulation 10(1): Failure to ensure that adequate information, instruction and training was provided for employees and non-employees who were liable to be exposed to asbestos. Breach of Regulation 11(1): Failure to prevent exposure of employees and non-employees of Vale Inco Europe Ltd to asbestos.