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

PRISON SENTENCE AND FINE FOR IGORING HSE NOTICE

Developer showed wilful disregard for asbestos risks

A Nottinghamshire property developer who pleaded guilty to exposing employees to asbestos has been given an eight-month suspended prison sentence and ordered to pay fines and costs of £100,000.

Nottingham Crown Court heard (10/07) that James Roger Carlton (Heathcliff Developments T/A), aged 64, disregarded the presence of asbestos insulation board at the site of a former school in Retford. He knew asbestos material formed part of the pre-fabricated buildings but ignored advice on safe removal.

HSE visited the premises whilst being converted to a retirement complex on 1 March 2012 and advised Mr Carlton on what he needed to do to comply with legislation concerning asbestos removal. Eight days later following a complaint HSE told Mr Carlton, to arrange for surveys to be carried out and for removal by a licensed contractor.

On 17 May HSE found general building rubble containing asbestos and a Prohibition Notice was served with a direction to ‘Leave Undisturbed’ imposed on the piles of contaminated rubble.

When HSE inspectors made a third visit in October 2012 work was proceeding in breach of the Prohibition Notice. Two workers were putting asbestos insulation board into a lockable skip and ‘dry sweeping’ the dust resulting in large clouds of dust billowing across the site.

The court heard that although employees had been wearing disposable overalls and face masks, no other controls were in place so not enough was done to protect them from the risk of exposure. Dust would have contaminated their clothes and there was no water on site to enable decontamination.

The asbestos containing material should have been dampened down and double-bagged in special bags, before being removed by a licensed contractor. High efficiency vacuum cleaners should then have been used to remove smaller pieces of asbestos and dust rather than a broom.

Willful disregard caused catalogue of errors and failings

James Roger Carlton, also known as Roger Stephen Parry, of South Leverton, pleaded guilty to single breaches of the Health and Safety at Work etc Act 1974 and Control of Asbestos Regulations 2006, and 10 breaches of the Control of Asbestos Regulations 2012 – 12 charges in total – at an earlier hearing.

He was sentenced (July 10) to eight months is prison, suspended for two years, for the breach of the Prohibition notice. He was also fined £55,000 and ordered to pay a further £45,000 in costs.

Speaking after the hearing, HSE inspector Kevin Wilson said:

“Mr Carlton showed a willful disregard for the health and safety of his employees and others. Our investigation uncovered a catalogue of serious errors, safety failings and a general ignorance of the laws around the safe and correct removal of asbestos.

This was an appalling case of failing to properly plan, manage and resource this project which led to workers being exposed to risks to their health from asbestos.

Workers who have been exposed to asbestos could have posed a health risk to others in the long term, even their families and loved ones, by taking home their contaminated clothing.

Asbestos is the single greatest cause of work-related deaths in the UK. Building owners and contractors have a duty to ensure they protect their workers from risk of exposure. Mr Carlton failed in that duty by choosing to ignore the dangers”

Latest Construction Health and Safety News

HSE ENFORCEMENT WEEKLY UPDATE 21st FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 21st February 2018

CLEANING ASBESTOS CEMENT ROOF CAUSED DANGER

High pressure jet washing spread asbestos fibres around premises

Read the rest of this article »

Posted on 21st February 2018

HSE INSPECTOR GUIDE TO RISK ASSESSMENT

Regulator offers training course on all aspects of risk assessment

Read the rest of this article »

Posted on 21st February 2018

PUZZLES HELP DELIVER HEALTH RISKS AWARENESS

Innovative puzzle products supplier extends the range of training aids

Read the rest of this article »

Posted on 20th February 2018

NEW ISO 45001 MANAGEMENT STANDARD IMMINENT

Standard capable of replacing OHSAS 18001 with relative ease

Read the rest of this article »

Posted on 20th February 2018

APPEAL COURT RULES ON LEGAL PRIVILEGE CASE

Decision may prompt further caution during internal investigations

Read the rest of this article »

Posted on 20th February 2018

TIPPER TRUCK STRUCK PEDESTRIAN ON SITE ROAD

Contractor fined £500,000 over poor traffic management arrangements

Read the rest of this article »

Posted on 16th February 2018

FALLING SCAFFOLD CLIP STRUCK PASSER-BY

Firm failed to follow risk assessment and method statement

Read the rest of this article »

Posted on 16th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 14th FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 16th February 2018

HOMES FIRM FINED £1/2M OVER DUMPER DEATH

Developer and contractor failed to manage people and plant interface

Read the rest of this article »

Posted on 14th February 2018

SUPREME COURT RULES ON HSE ENFORCEMENT NOTICES

Post service evidence can be used to support HSE notice appeals

Read the rest of this article »

Posted on 9th February 2018

SAFE INSTALLATION OF PRE-CAST FLOORING

Code of Practice for health and safety updated by industry federation

Read the rest of this article »

Posted on 8th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 8th FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 8th February 2018

MANUAL HANDLING MUST INVOLVE ‘REAL RISK’

Court provides clarity on manual handling risk assessment rules

Read the rest of this article »

Posted on 7th February 2018

SKIP LORRY DRIVER FATALLY INJURED BY LOADER

Hire company fined after lorry driver crushed between two vehicles

Read the rest of this article »

Posted on 5th February 2018

PUBLIC RISK COSTS CONTRACTOR DEARLY

Principal Contractor failed to assess and supervise work

Read the rest of this article »

Posted on 5th February 2018

TUBES FELL WHILST LIFTING OVER PERSONS BELOW

Lifting operations were not carried out in safe manner

Read the rest of this article »

Posted on 2nd February 2018

‘DAREDEVIL’ SCAFFOLDER LANDS IN DOCK

Former HSE Inspector snaps dangerous working practices at 60 feet

Read the rest of this article »

Posted on 2nd February 2018

HSE ENFORCEMENT WEEKLY UPDATE 1st FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 1st February 2018

DIDCOT FATAL COLLAPSE: INVESTIGATION UPDATE

Police and HSE still seeking to understand why boiler house collapsed

Read the rest of this article »

Posted on 1st February 2018

SCAFFOLDER TRAINING REACHES NEW HEIGHTS

CISRS training card renewal by CPD embraced by scaffolders

Read the rest of this article »

Posted on 30th January 2018

HSE SUMMARY OF CONSTRUCTION SECTOR HARM

Infographic provides insight into industry priority hazards

Read the rest of this article »

Posted on 29th January 2018

FIRM FAILED TO IMPLEMENT AGREED CONTROLS

Risk assessment carried out but precautions not taken

Read the rest of this article »

Posted on 29th January 2018

HSE MUSCULOSKELETAL DISORDERS SUMMIT 2018

hselogo1Regulator focuses on MSDs in construction and others sectors

Read the rest of this article »

Posted on 28th January 2018

LOAD FELL FROM MAGNET AND STRUCK WORKMAN

Firm failed to properly assess and revise crane safe working load

Read the rest of this article »

Posted on 25th January 2018
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access