In March 2023 an asbestos removal company has been convicted (awaiting sentence) and its director has been given a prison sentence after managing asbestos incorrectly, failing to ensure the safe removal of asbestos.
The company was advertised as a licenced asbestos removal company and removed licensable material from domestic properties throughout the UK.
It turned out, after an investigation by HSE, that the company had never held a license and conducted their undertakings in such a manner so as to cause large-scale contamination of the air, putting homeowners and their families as well as their own workforce and any other person on premises where work was conducted, at risk. It was also brought to light that previously issued prohibition notices had been ignored.
The company was found guilty of breaching Regulation 8 (1) and 11 (1)(a) of the Control of Asbestos Regulations as well as guilty of a charge relating to the failure to comply with a prohibition notice which was applicable to two addresses they were working at, which were issued to prevent them working on licenced asbestos materials.
At the same time, Trading Standards also prosecuted the company and Director for fraud, in relation to falsifying training documents, a business insurance document, and unauthorised use of trade association logos to give the company and its employees’ credence. The company is awaiting its sentence to be passed for all counts.
The company director pleaded guilty to breaching section 37 of the Health and Safety at Work Act pertaining to the breach of the Control of Asbestos Regulations as well as to the breach of the prohibition notice and was immediately jailed for 6 months and ordered to pay victim compensation. He also pleaded guilty to fraud and was sentenced to a further 4 months in jail making a total prison sentence of 10 months.
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Used extensively in the UK from the 1950s through to the late 1990s asbestos was a building material outlawed from the year 2000, which was used as:
It is estimated that currently approximately 5,000 deaths occur every year, with approximately 20 of those fatalities every week likely to be a person in the trade (electrician / gas engineer / plumber, etc.).
It is because of this stark fact that employers must still, before their workforce becomes exposed, ensure that if their work demands it, they check if a building they are working at or on has any ACM’s by checking for an Asbestos register and then acting on its information. It is also important that the employees can recognise asbestos products if they encounter them.
Disturbed or damaged asbestos will release fibres into the air, which if breathed in can be the
catalyst for serious disease. These diseases will not have an immediate detrimental effect as they can take a long period of time to develop. However, the bad news is that once developed it is often too late to do anything. The following are all asbestos related:
Mesothelioma – a cancer that affects the lining of the lungs (pleura) and the lining surrounding the lower digestive tract (peritoneum). It is almost exclusively related to asbestos exposure but by the time it is diagnosed, it is almost always fatal.
Asbestos-related lung cancer – looks very similar to lung cancer caused by smoking and other causes. It is estimated that there is around one lung cancer for every mesothelioma death.
Asbestosis – causes serious scaring of the lung that normally occurs after heavy exposure to asbestos over many years. This condition can cause progressive shortness of breath, and in severe cases can be fatal.
Pleural thickening – is generally a problem that happens after heavy asbestos exposure. The lining of the lung (pleura) thickens and swells. If this gets worse, the lung itself can be squeezed, and can cause shortness of breath and discomfort in the chest.
The duty holders are any employer or any person with responsibility for the upkeep and maintenance of a workplace / building where work is being conducted.
Duty holders should review their arrangements regularly to check that they continue to meet their duties, which includes requirements to:
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Companies that work in conditions where asbestos may be a risk factor must ensure that they have access to the right protections so that any exposure is managed. This means that the right and necessary equipment is in place and available and it is recommended that an “asbestos spill kit” put together has the following:
Ensure all workers are trained and well versed at spotting potential problems, so that work can be stopped as soon as a potential ACM is discovered. This will minimise potential contamination and keep workers safe.
If Asbestos is disturbed it is important to react straight away. Take steps to ensure the disturbance is minimised, stop work immediately and replace any access panel or tape over any drill holes or whatever caused the disturbance. Then try to decontaminate yourself, any
other employee and the equipment in use using wet wipes or damp cloths to stop fibres circulating in the breathable air. Consult an Asbestos removal contractor to obtain advice and or assistance as necessary.
Report the incident to HSE via the RIDDOR reporting procedure, as a dangerous occurrence. i.e. a work activity has caused the accidental release or escape of asbestos fibres into the air in a quantity sufficient that may cause damage to health.
Take a precautionary approach and report in the following situations when work is carried out without suitable controls, or where those controls fail. What must be reported:
the manual cutting or drilling of AIB;
Review any incident to help prevent a recurrence and update your asbestos register. If a worker / employee may have become contaminated then make a note on their health record or personnel file.
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