CLIENT & CONTRACTOR FINED OVER ASBESTOS FAILINGS

Firms neglected to commission refurbishment / demolition survey

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.

Skip of demolition debris contained ACMs

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.

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