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

CLIENTS & CONTRACTORS ASBESTOS ERROR FINES

Two cases where refurbishment / demolition survey lacking

Two prosecutions have been concluded where both client and their appointed building contractor have been fined over failures to commission a suitable asbestos survey

Prosecution Case 1 – A food company and a contractor have been fined after asbestos containing materials (ACMs) were disturbed during building work. The ACMs were identified “by chance” when an asbestos removal contractor attended site.

Stafford Crown Court heard that an asbestos survey had not  been carried although either company could have commissioned a refurbishment/demolition survey before the work commenced.

HSE investigators found that Mizkan Euro Ltd was undertaking a project to remove tanks from a factory which required the demolition of an external wall.

The company failed to provide an asbestos survey to enable contractor DH Welton to quote and plan appropriately for the work to be undertaken. Contractor DH Welton could have commissioned a survey when they discovered that Mizkan only had access to a ‘management’ survey for the building.

When the wall was demolished asbestos insulation board at the top of the wall was unknowingly broken up. A skip of demolition debris was found to contain asbestos insulation board, which had been identified by an asbestos contractor who had been called to site.

A licensed asbestos removal contractor should have been appointed to remove the asbestos under controlled conditions prior to the wall being demolished.

  • Mizkan Euro Ltd of Chiswick, London pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work etc Act after failing to plan and manage the work carried out under their control without ensuring that risks to health and safety are prevented. It was fined £60,000 for each charge (£120k) and ordered to pay costs of £13,589.
  • D H Welton & Co Ltd of Manchester admitted breaching Section 2(1) and 3(1) of the Health and Safety at Work etc Act and regulation 5(1)(a) Control of Asbestos Regulations 2012 after failing to carry out a suitable and sufficient assessment as to whether asbestos was present or liable to be present during the removal of a wall It was fined £15,000 for each charge (£45k) plus costs of £4,529.

Prosecution Case 2 –  Charitable trust Williamson Trust was responsible for the running of a school academy where Mark Tucker was contracted to refurbish a building block.

Chatham Magistrates heard that in July 2012, knowing the trust had an asbestos register identifying where asbestos was located within the school, work was carried out by Mark Tucker to refurbish a building block.

However, the trust failed to complete a refurbishment and demolition survey, and the asbestos register was not checked as required by law.

  • The Williamson Trust of Rochester, Kent pleaded guilty to Section 3(1) of the Health and Safety at Work etc. Act 1974, and was fined £18,000 and ordered to pay costs of £17,000.
  • Mark Tucker of Chatham, Kent pleaded guilty to Regulation 13(2) of the Construction (Design and Management) Regulations 2007, and was fined £9000 and ordered to pay costs of £8000.

 

Latest Construction Health and Safety News

REVERSING EXCAVATOR CRUSHED WORKMAN

Lack of management system to segregate pedestrians and vehicles

Read the rest of this article »

Posted on 21st September 2017

CLIENT FINED £2.5 MILLION AFTER CONTRACTOR DEATH

Fatal fall through roof leaves client responsible for massive fine

Read the rest of this article »

Posted on 21st September 2017

HSE ENFORCEMENT WEEKLY UPDATE 20th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 20th September 2017

NEW EDGE PROTECTION INSTALLATION TRAINING

Trade body launches CSCS backed edge protection installer qualification

Read the rest of this article »

Posted on 18th September 2017

GOVERNMENT CALLS FOR ACTION ON ILL-HEALTH

Business leaders accept charge of inaction on work-related ill-health

Read the rest of this article »

Posted on 18th September 2017

FIRM FAILED TO ENFORCE FORK LIFT SEAT BELT USE

Operator suffered fatal crush injuries after FLT overturned

Read the rest of this article »

Posted on 18th September 2017

DIRECTOR AND FOREMAN JAILED OVER FATAL FALL

Failure to act on HSE advice ended in gross negligence manslaughter

Read the rest of this article »

Posted on 18th September 2017

PRISON SENTENCE FOR ROOFING CONTRACTOR

Council H&S officers reported dangerous roof work to HSE

Read the rest of this article »

Posted on 14th September 2017

HSE ENFORCEMENT WEEKLY UPDATE 14th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 14th September 2017

LADDER STANDARDS MOVE UP A RUNG OR TWO

Ladder Association guide to fundamental changes in ladder standard

Read the rest of this article »

Posted on 12th September 2017

SILICA (RCS) DUST LIMIT – THE ONLY WAY IS DOWN?

US regulator cuts RCS exposure standard to half UK limit

Read the rest of this article »

Posted on 12th September 2017

SAFE2TORCH – REDUCING FLAT ROOF FIRE RISK

Industry body seeks to reduce ‘torch’ triggered fires at design stage

Read the rest of this article »

Posted on 8th September 2017

FIRM AND DIRECTOR SENTENCED OVER GAS RISK

Poorly planned extension prevented effective gas venting

Read the rest of this article »

Posted on 7th September 2017

£1 MILLION CLIENT FINE FOLLOWS FATAL FALL

Electrician died after fall from step ladder provided by client

Read the rest of this article »

Posted on 7th September 2017

HSE ENFORCEMENT WEEKLY UPDATE 6th SEPT 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 7th September 2017

HAVS HEALTH CHECK PROMPTS HSE PROSECUTION

Assessment of vibration exposure and control measures found wanting

Read the rest of this article »

Posted on 7th September 2017

HSE LUNG DISEASE SUMMIT TARGETS SILICA DUST (RCS)

Regulator starts major initiative on lung disease in construction

Read the rest of this article »

Posted on 1st September 2017

HSE COST RECOVERY NOW “FULLY INDEPENDENT”

hselogo1New Fee for Intervention disputes procedure now in place

Read the rest of this article »

Posted on 1st September 2017

CLIENT FINED AS CDM 2015 PRINCIPAL CONTRACTOR

Failure by client to appoint attracts PC duties by default

Read the rest of this article »

Posted on 30th August 2017

JOINER PARALYSED AFTER FALL THROUGH JOISTS

Fall prevention and risk minimisation measures not taken

Read the rest of this article »

Posted on 30th August 2017

HSE ENFORCEMENT WEEKLY UPDATE 30th AUG 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 30th August 2017

COMPLAINT COSTS CONTRACTOR £145,000 IN FINES

HSE prosecute CDM 2015 Principal Contractor over risk without injury

Read the rest of this article »

Posted on 29th August 2017

HSE ENFORCEMENT WEEKLY UPDATE 23rd AUG 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 23rd August 2017

HSE CONSTRUCTION FATALITY RECORDS: Q1 2017/18

Latest HSE fatality records reveal four (4) deaths in first three months

Read the rest of this article »

Posted on 23rd August 2017

HSE ON SILICA DUST (RCS): RISK MANAGEMENT UPDATE

New guidance available on key HSE Construction Sector priority

Read the rest of this article »

Posted on 23rd August 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access