16 September 2013
Dairy Crest Limited and a Manchester welding company have been fined for exposing employees to potentially fatal asbestos containing material at an industrial site in Devon.
Asbestos dust and fibres were released on 25 May 2010 during work to remove industrial boilers, associated fixed pipework and a boiler house at a redundant Dairy Crest site near Totnes railway station.
The dangerous material remained exposed until a clean-up operation belatedly commenced two days later.
The national dairy company was prosecuted on Friday 13 September alongside Rochdale Electric Welding Company Limited (REWCO), of Middleton, Greater Manchester, after the Health and Safety Executive (HSE) identified failings with the planning of the job and a lack of training for workers involved.
Plymouth Crown Court heard that Dairy Crest had agreed to sell boilers from the redundant plant at Totnes, plus another site in Somerset, to REWCO, with the welding firm also dismantling all associated fixed plant pipework at both sites and demolishing the boiler house at Totnes as part of the purchase.
HSE established that on 24 May 2010 REWCO began removing the boilers at the Totnes site without carrying out sufficient enquiries in advance to determine whether asbestos was present.
Dairy Crest had carried out a suitable survey for asbestos material some years previously, but they failed to pass on this report.
Three REWCO workers carried out the removal of the boilers and pipework while wearing normal work clothes that became contaminated with asbestos dust and fibres. As a result all three were exposed, and could potentially face long-term respiratory problems and even incurable lung diseases.
HSE inspectors visited the site on 27 May 2010 and found widespread contamination. Steps were immediately taken to prevent any further risk to anybody on the site or nearby.
Dairy Crest Limited, of Claygate House, Littleworth Road, Esher, Surrey, was fined £12,000 and ordered to pay a further £22,214 in costs after pleading guilty to a single breach of the Control of Asbestos Regulations 2006 in its capacity as the main duty holder for the site.
Rochdale Electric Welding Company Limited, of Dingle Farm, Hollin Lane, Middleton, Greater Manchester, pleaded guilty to two breaches of the same legislation for its role in undertaking the work. The company was fined a total of £8,000 with £13,786 in costs.
Speaking after the hearing, HSE Inspector, Martin Lee said:
"This was a very serious incident that could severely impact on the future health of the employees who worked with and near the asbestos. Both Dairy Crest Ltd and Rochdale Electric Welding Company Ltd committed safety failings that led to them being needlessly exposed to dangerous dust and fibres.
"There were clear failings by both companies to identify and properly manage and control the asbestos containing material before work started, and to provide appropriate protection for workers when it did.
"Regulations on dealing safely with asbestos have been in place for many years and are widely known in the industry.
"This totally needless incident would not have happened if Dairy Crest Ltd had provided Rochdale Electric Welding Company with the results of its asbestos survey and if Rochdale Electric Welding Company had carried out proper enquiries before commencing work at the site."
Further information on how to reduce the risk of asbestos can be found on the HSE website at 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 prevent 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 4 of the Control of Asbestos Regulations 2006 states: "Every employer has a duty to manage asbestos in non-domestic premises and ensure suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present."
- Regulation 5 of the Control of Asbestos Regulations 2006 states: "Every employer shall not undertake work in demolition, maintenance, or any other work which exposes or is liable to expose his employees to asbestos unless he has carried out a suitable and sufficient assessment as to whether asbestos is present and if there is any doubt he assumes that asbestos is present."
- Regulation 10 of the Control of Asbestos Regulations 2006 states: "Every employer must ensure any employee liable to be exposed to asbestos is given adequate information, instruction and training."