Two companies have been fined after asbestos was disturbed during refurbishment work.
Westminster Magistrates’ Court heard how two employees of 24-Hour Maintenance Services Limited disturbed asbestos insulating board (AIB) whilst they were doing refurbishment work at a former commercial premises undergoing conversion into flats, in Romford, London. An investigation by the Health and Safety Executive (HSE) into the incident which occurred between mid-July 2014 and 11 August 2014 found that the client had not passed on the details of the presence of asbestos to the contractor, despite prior knowledge. No refurbishment and demolition survey was conducted to determine the presence of asbestos on the site. The two workers stripped out the AIB without any effective precautions and therefore received significant exposure to asbestos fibres. Asbestos can be found in any building built before the year 2000. A refurbishment / demolition asbestos survey is required where the premises, or part of it, need upgrading, refurbishment or demolition. Firestone Estates Limited, of Tolpits Lane, Watford, Hertfordshire pleaded guilty to breaching Regulation 10(1)(b) of the Construction (Design and Management) Regulations 2007 and were fined £10,000 and were ordered to pay £1020.64 in costs with a £1,000 victim surcharge. 24-Hour Maintenance Services Limited, of Linton Avenue, Borehamwood, Hertfordshire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and were fined £5,000 with £974.44 in costs and a victim surcharge of £500. For further information on http://www.hse.gov.uk/asbestos/ Notes to Editors:
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Inside
A. Asbestos cement Water tank B. Pipe lagging C. Loose fill insulation D. Textured decorative coating eg artex E. AIB ceiling tiles F. AIB bath panel G. Toilet seat and cistern H. AIB behind fuse box I. AIB airing cupboard and/or sprayed insulation coating boiler J. AIB partition wall K. AIB interior window panel L. AIB around boiler M. Vinyl floor tiles N. AIB behind fire Outside O. Gutters andAsbestos cement downpipes P. Soffits – AIB or asbestos cement Q. AIB exterior window panel R. Asbestos cement roof S. Asbestos cement panels T. Roofing felt AIB = Asbestos Insulating Board This will be of interest if you are an Employer or have duties under the Asbestos Regulations.
The importation, supply and use of all forms of asbestos are banned. However, many buildings, and some plant and equipment, still contain asbestos-containing materials (ACMs). Before you start any work in a building that might contain asbestos (eg built or refurbished before the year 2000), you need to do the following: Identify whether asbestos is present and determine its type and condition
Asbestos may be part of any commercial or domestic building which was built or refurbished before the year 2000. Asbestos can typically still be found in any of the following:
Asbestos is responsible for over 5000 deaths every year. Younger people, if routinely exposed to asbestos fibres over time, are at greater risk of developing asbestos-related disease than older workers. This is due to the time it takes for the body to develop symptoms after exposure to asbestos (latency). Exposure to asbestos can cause four main diseases:
If you are planning any DIY home improvements, repairs or maintenance – and intend to bring in any additional builders, maintenance workers or contractors – you should inform them of any asbestos materials in your home before they start work. This will help reduce the risks of any ACMs being disturbed. HSE strongly encourages the use of trained professionals to repair or remove ACMs. If you choose to carry out DIY repairs or remove damaged asbestos materials yourself, make sure you wear the right protective equipment and follow safe working methods. For advice on doing this, see: Asbestos essentials task sheets.
In addition, please be aware that ACMs need to be legally disposed of as hazardous waste. This should not be mixed with normal household waste. The duty to manage asbestos is a legal requirement under the Control of Asbestos Regulations 2012 (Regulation 4). It applies to the owners and occupiers of commercial premises (such as shops, offices, industrial units etc) who have responsibility for maintenance and repair activities. In addition to these responsibilities, they also have a duty to assess the presence and condition of any asbestos-containing materials. If asbestos is present, or is presumed to be present, then it must be managed appropriately. The duty also applies to the shared parts of some domestic premises.
Summary of Facts:
Throughout the last thirty years, scientific organizations and governmental agencies have thoroughly and meticulously reviewed extensive published data on asbestos and have concluded that all of its commercially viable fiber types (including amosite, anthophyllite, actinolite, chrysotile, crocidolite, and tremolite) cause disease and death resulting from asbestosis, lung cancer, mesothelioma and cancers of the larynx and ovary. There has not been identified any safe level of exposure to any form of asbestos; i.e. no threshold value below which all individuals would be risk-free of contracting an asbestos-related disease. Therefore, we support the immediate prohibition of the use of any form of asbestos-containing products, including those containing chrysotile, and call for their complete elimination. Fact 20 The World Health Organizations warns "Continued use of asbestos cement in the construction industry is a particular concern, because the workforce is large, it is difficult to control exposure and in-place materials have the potential to deteriorate and pose a risk to those carrying out alterations, maintenance and demolition. In its various applications, asbestos can be replaced by some fibre materials and other products that pose less or no risk to health” (WHO, 2006).Fact 19 The World Trade Organization “considers that the evidence before it tends to show that handling chrysotile-cement products constitutes a risk to health rather than the opposite. (emphasis added)” (WTO, 2001).
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