asbestos in the news 25 January 2022 https://press.hse.gov.uk/2022/01/25/builder-prosecuted-for-exposing-employees-to-asbestos-during-unsafe-removal/
Builder prosecuted for exposing employees to asbestos during unsafe removal
K
ieran Lynch has been prosecuted after his employees were exposed to asbestos while refurbishing domestic premises in Barnsdale Road, Reading. Reading Magistrates’ Court heard how Mr Lynch, trading as Lynch and Co, was contracted to carry out a large scale refurbishment for his client who had recently purchased the property from their local council. Prior to the project commencing, the owner of the property informed Mr Lynch that the ceiling boards in the garage contained asbestos. Mr Lynch instructed two employees, who had no experience in asbestos removal, to take down the boards with no protective measures in place. Once they had taken down the boards,
they stored them inside the house for a further three months before they were moved into the front garden to be disposed of. Subsequent examination of these boards identified them as Asbestos Insulating Board (AIB) – a high risk product which requires an asbestos removal licence to remove. An investigation by the Health and Safety Executive (HSE) found that Mr Lynch was made aware that asbestos was present in the property, and yet he failed to make adequate enquiries as to where the asbestos was, its type and the condition it was in, prior to carrying out the removal. He also instructed his employees, who lacked the necessary competence, to carry out the removal with no control measures in place.
Mr Kieran Lynch of 9 Old Barn Close, Emmer Green, Reading pleaded guilty to breaching the Control of Asbestos Regulations 2012 Regulations 5 (1)(a), 8(1), 11 (1) and received a Community Order for a period of 12 months with a Rehabilitation Requirement of 25 days and Unpaid Work of 100 hours. Mr Lynch was also ordered to pay £5,000 in costs and a £95 victim surcharge. Speaking after the hearing, HSE inspector David Tonge said: “Refurbishment work, even in domestic premises, is liable to expose people to asbestos and adequate steps must be taken to find out if asbestos is present. If so, appropriate measures must be taken to ensure people are not exposed to asbestos fibres.”
27 April 2022 https://press.hse.gov.uk/2022/04/27/asbestos-removal-company-fined-for-failing-to-protect-workers-from-risk/
Asbestos removal company fined for failing to protect workers from risk
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n asbestos management company has been fined and two of its employees have been jailed for failing to protect workers from asbestos exposure during a major refurbishment project in Plymouth Chelmsford Crown Court heard that in February 2017, concerns were raised by workers at Ensure Asbestos Management Limited who believed they were being put in danger whilst carrying out refurbishment work at the former department store. An investigation by the Health and Safety Executive (HSE) found irregularities in the asbestos surveys and clearance certificates,
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arca & atac news · summer 2022
with some of them found to be fraudulent. Ensure Asbestos Management Limited had been contracted to carry out an asbestos survey, remove all identified asbestos-containing materials (ACMs) from the building and then carry out the initial strip-out of the building before it was refurbished. However, the company was found to have deliberately cut corners in managing the danger of asbestos exposure putting workers at risk. Ensure Asbestos Management Limited of Station Road, Sawbridgeworth, Hertfordshire pleaded guilty to breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 was fined £100,000. Director of Ensure Asbestos Management Billy Hopwood of Swanstead, Basildon, Essex pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. He has been sentenced to 10 months in prison and has been disqualified from being a director for five years. Contracts Manager at Ensure Asbestos Management Phillip Hopwood of
Churchgate Street, Harlow, Essex pleaded guilty to breaching Sections 2(1), 3(1) and 33(1)(m) of the Health and Safety at Work etc Act 1974. He has been sentenced to 15 months in prison and disqualified from being a director for 10 years. Speaking after the hearing HSE inspector Georgina Symons said: “Ensure Asbestos Management Limited – a previously licensed asbestos removal contractor – failed to work within the law despite having a wealth of knowledge on the risks associated with exposure to asbestos and the necessary training to have done so safely. They deliberately falsified documents and cut corners. “Workers should be supported by their employers when they raise health or safety concern. This case sends a clear message that those responsible will be held to account for their failings. “The dangers associated with asbestos are well known and a wealth of advice and guidance is freely available from HSE and other organisations.”
