3 July 2013
The owner of a cladding installation business has been fined after he exposed workers to a potentially fatal risk from airborne asbestos fibres at a house in Bedfordshire.
Michael Southern, owner of PMF Cladding, instructed an employee and a casual labourer to remove and replace soffit boards during refurbishment work at a property in Sharnbrook in August 2011.
However, Bedford Magistrates’ Court heard today (3 July) that Mr Southern had not carried out a suitable survey in advance to determine whether asbestos was present and did not hold a licence to undertake work with the dangerous material.
A neighbour informed Mr Southern that the soffits were made of asbestos insulating board but that did not stop him allowing work to carry on.
After a complaint was made to the Health and Safety Executive (HSE), an inspector visited the site and immediately halted further work.
HSE’s investigation found that Mr Southern was aware from some of his previous jobs that soffit boards may contain asbestos but had not taken this into account when assessing this job. He had also failed to provide information and training to workers who could be exposed to asbestos fibres.
Michael William Southern, 48, of Brington Road, Old Weston, Huntingdon, trading as PMF Cladding, Cambridge Road Industrial Estate, Bedford, was fined £7,015 and ordered to pay £3,200 in costs after pleading guilty to four breaches of the Control of Asbestos Regulations 2006 on 30 August 2011.
After the hearing, HSE Inspector Gavin Bull, said:
"Mr Southern, as a person running a cladding installation business, should have been in no doubt about the dangers posed by asbestos and of the regulations governing work with this material. Despite this, he progressed this work without testing the material to be removed for the presence of asbestos. This resulted in those working there being exposed to risk of inhaling airborne asbestos fibres without taking any suitable precautions.
"This incident was entirely preventable and highlights the importance of having a robust asbestos management system in place.
"Dutyholders should identify the type, location and condition of all asbestos-containing materials, and establish appropriate precautions, before starting removal operations. This is all the more important for this type of higher-risk notifiable work, which should only have been performed by a licensed contractor."
Asbestos is the single greatest cause of work-related deaths in the UK. It is responsible for around 4,500 deaths each year. Asbestos is still present in many buildings and any work likely to disturb the asbestos needs to be positively managed to prevent exposure.
For advice on working with asbestos visit www.hse.gov.uk/asbestos.
Notes to editors
- The Health and Safety Executive is Britain’s national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
- Regulation 5(a) of the Control of Asbestos Regulations 2006 states: an employer shall not undertake work in demolition, maintenance, or any other work which exposes or is liable to expose his employees to asbestos in respect of any premises unless he has carried out a suitable and sufficient assessment as to whether asbestos, what type of asbestos, contained in what material and in what condition is present or is liable to be present in those premises
- Regulation 8(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 holds a licence granted under paragraph (2) of this regulation.
- Regulation 10(1) of the Control of Asbestos Regulations 2006 states: Every employer shall ensure that adequate information, instruction and training is given to those of his employees
- Regulation 11(1)(a) of the Control of Asbestos Regulations 2006 states: every employer shall prevent the exposure of his employees to asbestos so far as is reasonably practicable.