Turner Access Higher Safety Total Access
Total Access Ethentic Chipmunk Data
Chipmunk Data Turner Access Ethentic

CLIENT AND CONTRACTOR FAILED TO PLAN PROJECT

Lack of CDM appointments and management blunders end in double prosecution

Construction client, Wall Colmonoy Ltd, and contractor, Oaktree Construction (Wales) Ltd have been fined following a “catalogue of errors” by both firms during a demolition and refurbishment project in Swansea during December 2010.

The project involved refurbishment of a building to expand operations. During the project workers were exposed to dangerous asbestos fibres. Neath Magistrates heard (10 January) that the project was badly managed, with untrained staff put in charge of the operation, and was underpinned by inadequate surveys for the presence of asbestos and poor planning throughout.

Appointment of CDM-C and PC not made by client

During the demolition works asbestos insulation board (AIB) covering a steel column was damaged and Wall Colmonoy instructed an employee to tape plastic bags around the column. Work continued with the AIB debris lying on the floor until the visit by an HSE inspector.

HSE investigators found that Wall Colmonoy failed to:

  • CDM Appointmentsappoint a CDM Co-ordinator (CDM-C)  and Principal Contractor (PC) to plan and manage the construction work and ignored advice from its health and safety manager;
  • Assessment – provide a proper assessment of the presence of asbestos and its condition in the building before work started. A licensed asbestos removal contractor had warned the company that the information was inadequate; and
  • Management – no-one involved in the management of the project had the skills, training or experience to address health and safety issues, including the risk of asbestos exposure. 

HSE investigators found that Oaktree failed to:

  • Asbestos – prevent exposure to asbestos and control spread once it had been damaged. A ‘Refurbishment and Demolition Survey’ was not procured; 
  • Assessment – the company risk assessment was inadequate in that it failed to identify the risks from asbestos. A structural assessment of the building was not carried out; and 
  • Training – provide staff with asbestos awareness training despite a recommendation by the HSE in September 2010.

Wall Colmonoy held two asbestos surveys identifing asbestos material and highlighing other areas presumed to contain asbestos. However, work began despite HSE advise to Oaktree that a separate ‘Refurbishment and Demolition Survey’ was required.

Significant failings throughout the management of the project 

Wall Colomony, of Alloy Industrial Estate, Pontardawe, was fined a total of £16,000 and ordered to pay £3,287 in costs after pleading guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974.

Oaktree Construction (Wales) Ltd, of Pheasant Road, Trebanos, was fined £8,000 with costs of £2,000 after pleading guilty to breaching Regulations 16 and 11(1) (a) of the of the Control of Asbestos Regulations 2006.

Speaking after the hearing, HSE Inspector, Anne Marie Orrells said:

“Both companies involved in this case demonstrated significant failings throughout the management of the project, which put the lives of their respective workers at risk.

“Demolition and refurbishment work must be properly planned and managed by competent personnel with the right training and experience. Proper structural and asbestos surveys must be made and a full risk assessment carried out for all the work to be undertaken.

“Had a Refurbishment and Demolition survey been undertaken, and had a licensed asbestos contractor been used to removal all asbestos materials prior to the work starting, then the risk would have been eliminated. Instead this inadequate response left workers exposed to asbestos fibres, which can cause potentially fatal lung disease. The health and safety of workers must not be left to chance.”

Latest Construction Health and Safety News

EXCAVATOR CRUSHED DUMPER OPERATOR

Reversing excavator operations not separated from pedestrians

Read the rest of this article »

Posted on 12th January 2018

REFURB CONTRACTORS FINED £1.1 MILLION

Tenant fell 5m through fragile surface whilst walking to home

Read the rest of this article »

Posted on 12th January 2018

HSE ENFORCEMENT WEEKLY UPDATE 10th JAN 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 10th January 2018

STRUCTURAL SAFETY BODY LATEST NEWSLETTER

CROSS publishes reports and expert comment on a range of issues

Read the rest of this article »

Posted on 10th January 2018

HSE REACH OUT TO RESOLVE RISK MANAGEMENT

Construction Industry Advisory Network (CONIAN) launched

Read the rest of this article »

Posted on 10th January 2018

HSE ENFORCEMENT WEEKLY UPDATE 4th JAN 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 4th January 2018

FAILURE TO PROTECT PUBLIC FINED £600,000

Two elderly people injured during construction of disabled ramp

Read the rest of this article »

Posted on 2nd January 2018

MAINTENANCE AND MANAGEMENT FIRM FINED

Joist failed and workman fell during flat roof replacement works

Read the rest of this article »

Posted on 2nd January 2018

FALL ON BLOCK AND BEAM FLOORING SYSTEM

Contractors failed to respond to planned fall protection problems

Read the rest of this article »

Posted on 2nd January 2018

FIRMS FAILED TO INSTALL FLOOR AS DESIGNED

Principal contractor penalised for not spotting contractor error

Read the rest of this article »

Posted on 2nd January 2018

LINTEL COLLAPSED DURING LOWERING OPERATION

Two workers injured as support props and structure topple

Read the rest of this article »

Posted on 2nd January 2018

CDM 2015: SEEING THE WOOD FOR THE TREES

End of year reflections on CDM 2015, health, safety and harm

Read the rest of this article »

Posted on 21st December 2017

FESTIVE GREETINGS TO ALL OUR READERS

Read the rest of this article »

Posted on 20th December 2017

HSE ENFORCEMENT WEEKLY UPDATE 20th DEC 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 20th December 2017

LORRY DRIVER PROSECUTED AFTER ROAD DEATH

Road worker died during motorway resurfacing project

Read the rest of this article »

Posted on 20th December 2017

MAJOR CONTRACTOR FINED £1.8M OVER ROAD DEATH

Road planer operation put roadworks pedestrians at risk of injury

Read the rest of this article »

Posted on 20th December 2017

MANAGER PROSECUTED OVER APPRENTICE INJURY

Untrained young worker fell through fragile rooflight

Read the rest of this article »

Posted on 20th December 2017

PUBLIC AND WORKERS EXPOSED TO ASBESTOS RISK

Client and contractor failed to identify and assess asbestos presence

Read the rest of this article »

Posted on 20th December 2017

RESTRAINT SAVES WORKER EJECTED FROM MEWP

Firms failed to separate crane and elevated mobile work platform

Read the rest of this article »

Posted on 20th December 2017

HSE PROSECUTE OVER POOR SILICA DUST CONTROL

Principal contractor failures led to gross exposure to RCS

Read the rest of this article »

Posted on 15th December 2017

HSE ENFORCEMENT WEEKLY UPDATE 13th DEC 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 15th December 2017

BUILDING INFORMATION MODELLING AND CDM 2015

Major contractor explains BIM risk mitigation opportunities

Read the rest of this article »

Posted on 15th December 2017

STANDARD FOR SELECTING CDM PRINCIPAL DESIGNERS

BSI publishes specification for procuring all CDM 2015 services

Read the rest of this article »

Posted on 12th December 2017

CONCRETE BATCHING PLANT OPERATOR FELL 5M

Uncovered concrete chute offence fined £267,000

Read the rest of this article »

Posted on 12th December 2017

FELLED TREE NARROWLY MISSED PEDESTRIANS

Video reveals that nearby motor vehicles were not so fortunate

Read the rest of this article »

Posted on 11th December 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access