• Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    CLIENT CDM MANAGEMENT ARRANGEMENTS INADEQUATE

    Contractors and client fined over asbestos management blunders

    A housing trust and two firms engaged to carry out refurbishment work at its premises have been fined after staff and residents were put at risk of exposure to asbestos.

    West Yorkshire firm Express Elevators Ltd was contracted by Anchor Trust to replace the lift at St Paul’s Court sheltered housing scheme in November 2012. PC Lifts, of London, was subcontracted to remove the existing lift ahead of the new one being installed.

    The lift shaft contained asbestos boards which were removed without any measures in place to prevent the spread of asbestos fibres.

    Bedlington Magistrates heard (6 February) that Anchor Trust had a duty as the client under the CDM Regulations to ensure that arrangements made for managing the lift replacement were suitable, and ensured there was no risk to health.

    Anchor Trust provided Express Elevators Ltd with conflicting information. An asbestos survey was provided but it was not sufficiently accurate or detailed enough for the work being carried out.

    Express Elevators Ltd failed in its duty to plan and manage the work as it did not make adequate inquiries about the presence of asbestos. The company relied on verbal information from Anchor and although it received the survey, no reference was made to it before work began.

    PC Lifts was also found not to have made adequate inquiries and to have worked in the lift shaft without adequate lighting.

    The combined failures of all three parties led to the unsafe removal of the asbestos and the potential spread of asbestos fibres, which exposed residents and others to a potential risk to their health.

    Not one of the defendants fulfilled their duties

    Anchor Trust, of Bedford Street, London, was fined £10,000 and ordered to pay £346.40 in costs after pleading guilty to breaching Regulation 9(1)(a) of the Construction (Design and Management) Regulations 2007.

    Express Elevators Ltd, of Otley Road, Baildon, Shipley, West Yorkshire was fined £8,000 with £827.30 costs after pleading guilty to breaching Regulation 13(2) of the same legislation.

    PC Lifts Ltd, of St John Street, London, was fined £4,000 with £346.40 costs after pleading guilty to breaching Regulation 16 of the Control of Asbestos Regulations 2012.

    Speaking after the case HSE Inspector Natalie Wright said:

    “Asbestos is the single greatest cause of work-related deaths in the UK and those involved in the construction and refurbishment industry have a clear duty to ensure that work is managed so as to prevent the spread of asbestos.

    This incident occurred because not one of the defendants fulfilled their respective duties when carrying out the lift replacement at St Paul’s Court, leading to asbestos fibres being disturbed.

    As well as the companies’ employees, the residents at St Paul’s Court were also potentially put at risk.

    This incident was entirely preventable, had the companies carried out their respective safety duties. This prosecution should act as a reminder to all involved in such work, that whenever work is carried out which is liable to expose employees to asbestos a suitable survey must be done to establish whether asbestos is present before any work begins.”

    Latest Construction Health and Safety News

    DEATH EXPOSED MINIMAL MEWP MAINTENANCE

    Court told about “almost complete” lack of MEWP maintenance

    Read the rest of this article »

    Posted on 21st June 2018

    CONTRACTOR FAILED TO IDENTIFY ASBESTOS PRESENCE

    ACMs disturbed during works and firm failed to take suitable actions

    Read the rest of this article »

    Posted on 21st June 2018

    FALL THROUGH ROOF ON LOCAL COUNCIL BUILDING

    Fragile rooflight fractured when workman ‘misplaced footing’

    Read the rest of this article »

    Posted on 21st June 2018

    YOUNG WORKER POSED SPECIAL RISK TO CONTROL

    Conviction highlights duty to young persons and the vulnerable

    Read the rest of this article »

    Posted on 21st June 2018

    TOWER DEFECTS AND UNSAFE SYSTEM CAUSED DEATH

    Maintenance supervisor fell to his death through roof opening

    Read the rest of this article »

    Posted on 21st June 2018

    UK MAJOR FINED £1/2m OVER HAVS RISK FAILURES

    Danger caused by poor management of vibrating hand tool risk

    Read the rest of this article »

    Posted on 21st June 2018

    HSE ENFORCEMENT WEEKLY UPDATE 20th JUNE 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 20th June 2018

    DIRECTOR FAILED COMPLY WITH HSE PROHIBITION

    Precautions not taken to prevent excavation collapse and falling

    Read the rest of this article »

    Posted on 11th June 2018

    SCAFFOLD NOT TO INDUSTRY STANDARD OR DESIGN

    Specialist and contractor in court over unsafe work at height

    Read the rest of this article »

    Posted on 7th June 2018

    ROAD WORKER RUN OVER BY ROAD ROLLER

    Reversing alarm not working and warning light not fitted

    Read the rest of this article »

    Posted on 5th June 2018

    CLIENT AND SURVEYOR FINED OVER ASBESTOS SURVEY

    Refurbishment and demolition asbestos survey proved inadequate

    Read the rest of this article »

    Posted on 5th June 2018

    FATALITY: ROAD WORKER DRAGGED ALONG ROAD

    Night shift worker loses life when struck by road sweeping vehicle

    Read the rest of this article »

    Posted on 3rd June 2018

    CDM PRINCIPAL DESIGNERS AVOID HSE ENFORCEMENT

    Regulator enforcement database reveals few notices involve CDM PDs

    Read the rest of this article »

    Posted on 3rd June 2018

    PROPERTY MANAGERS FINED WITH CONTRACTOR

    Defendants failed to check for asbestos during soffit replacement works

    Read the rest of this article »

    Posted on 29th May 2018

    EXCAVATION CAUSED RETAINING WALL COLLAPSE

    Precautions not taken to secure stability of free-standing wall

    Read the rest of this article »

    Posted on 29th May 2018

    OVERHEAD CABLE STRIKE FIRM FINED £500,000+

    Inadequate system caused risk of harm despite lack of worker injury

    Read the rest of this article »

    Posted on 29th May 2018

    CDM 2015 PRINCIPAL DESIGNER FINED OVER FIRE RISK

    PD and PC failed to comply with CDM 2015 responsibilities

    Read the rest of this article »

    Posted on 23rd May 2018

    SENTENCING GUIDELINES UNDER THE MICROSCOPE

    Lawyer argues guidelines undermine reduction in ‘regulatory burden’

    Read the rest of this article »

    Posted on 23rd May 2018

    PANEL STRUCK WORKMAN DURING LIFTING OPERATION

    Third party contractor falls victim of poor lift planning

    Read the rest of this article »

    Posted on 21st May 2018

    DIRECTOR LED HAZARDOUS WORK AT HEIGHT

    Three occasions when work lacked suitable and sufficient precautions

    Read the rest of this article »

    Posted on 21st May 2018

    RISK ASSESSED BUT CONTROLS FOUND WANTING

    Joiner fell through unprotected opening on roof of new building

    Read the rest of this article »

    Posted on 21st May 2018

    RIBA CRITICAL OF HACKITT REVIEW FINAL REPORT

    High rise residential review dismissed as “major missed opportunity”

    Read the rest of this article »

    Posted on 21st May 2018

    CONSTRUCTION SECTOR DEATHS: THE ‘BIG THREE’

    HSE in-year fatalities for 2017/18 may indicate upward trend

    Read the rest of this article »

    Posted on 16th May 2018

    SCAFFOLDING SITE ACCIDENTS AT RECORD LOW

    NASC Annual Report reveals all time low in 2017 incidents

    Read the rest of this article »

    Posted on 14th May 2018

    DUMPER TRUCK HAND-BRAKE NOT MAINTAINED

    Workman injured when pinned against stack of concrete blocks

    Read the rest of this article »

    Posted on 14th May 2018
    Total Access Total Access Ethentic Ethentic
    Higher Safety Higher Safety Chipmunk Data Chipmunk Data