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    MANAGER AND PC FAILED TO ACT ON ASBESTOS SURVEY

    Principal contractor and site manager sentenced over AIB dust

    A principal contractor and site manager have been sentenced after workers were exposed to asbestos during refurbishment work on a project in Derby.

    Derby Magistrates’ Court heard how, on or before 5 January 2017, at the St Peters Churchyard site, labourers removed asbestos insulating board (AIB) ceiling panels from a store-room.

    This work which should have been completed by a licensed asbestos removal contractor under fully controlled conditions.

    HSE investigators found that the project Principal Contractor for the site manager were managing the work to convert the former office buildings into apartments.

    An asbestos refurbishment survey completed prior to construction work starting clearly indicated that the lower ground floor store-room contained an asbestos insulating board (AIB) ceiling. During construction work this AIB ceiling was accidentally damaged and the site manager instructed two young labourers to remove approximately 4-6 sqm of AIB. Suitable asbestos control measures were not in place and the workers involved were not trained in asbestos removal.

    Following the involvement of HSE in January 2017, a licensed asbestos removal contractor was brought in to clean the area. Asbestos containing floor tiles located around the site were also identified as at risk of damage from the construction work and arrangements were made with the principal contractor for these to be removed under controlled conditions by trained staff.

    Failure to manage ACMs on project

    HSE found that the PC and site manager failed to suitably manage the site asbestos containing materials (ACMs) and ensure that ACMs identified were removed prior to any potential for disturbance during the construction work. The site manager failed to respond appropriately once the AIB ceiling had been accidentally damaged.

    • M&S Developments (Bemrose Court) Limited – pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc. Act 1974 and was fined £9,000 and ordered to pay costs of £3,336.
    • Kynersley Management Services Limited – pleaded guilty to breaching Section 3(1) of the Health & Safety at Work etc. Act 1974 and was fined £20,000 and ordered to pay costs of £1,531.66.
    • Adam Campbell – pleaded guilty to breaching Section 3(1) of the Health & Safety at Work etc. Act 1974 via Section 37 in his role as a Director of Kynersley Management Services Limited. He was given a community order to carry out 120 hours unpaid work and was also ordered to pay costs of £1,531.66.

    Speaking after the hearing, HSE inspector Andrew Bowker said:

    “This incident could so easily have been avoided by the duty holders simply carrying out correct asbestos control measures and safe working practices.

    Companies and individual site managers should be aware that HSE will not hesitate to take appropriate enforcement action including prosecution against those that fall below the required standard for managing asbestos containing materials during refurbishment work.

    Most types of asbestos containing material work (ACM) require a licensed removal contractor with suitably trained and licensed workers.”

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