Hampshire firm fined after potential asbestos exposure

April 2010

A building firm has been fined £4,500 at Darlington Magistrates' Court after refurbishment work triggered the temporary closure of country club near Darlington over fears of exposure to asbestos.

The company was found guilty, in its absence, of breaching Regulations 5, 11 and 16 of the Control of Asbestos Regulations 2006, between 7 January and 6 March 2008.

The company had been contracted to refurbish Hall Garth Hotel Golf and Country Club, at Coatham Mundeville, near Darlington.

When HSE inspectors visited the site, they found that work was carried out without adequate checks for asbestos or asbestos-containing materials, and served a Prohibition Notice - immediately stopping construction work. Further investigations found large amounts of asbestos pipe lagging in walls and floor voids where work had been undertaken.

HSE worked with local Environmental Health Officers and the hotel management to ensure that asbestos fibres had not spread to the occupied areas of the hotel. The hotel was voluntarily closed while tests were undertaken. Fortunately the test results in the public areas were negative.

After the case, HSE Inspector Victoria Wise said:

"Construction and maintenance workers are the most at-risk groups from asbestos-related diseases due to the nature of their work. The widespread occurrence of asbestos as a product in buildings constructed or refurbished prior to 2000, means that inadvertent disturbance of asbestos-containing materials can be frequent and regular where asbestos products have not been adequately identified or managed.

"The contractors could have prevented this risk and should have ensured that the asbestos containing materials in the work areas had been identified and, where necessary, removed - then the information passed on to those who were liable to disturb the fabric of the building.

"This prosecution should act as a reminder to those in the construction industry, and those in control of the repair and maintenance of buildings, of the importance of ensuring that a suitable and sufficient assessment for asbestos has been carried out and that the correct control measures are in place to ensure that exposure to asbestos is prevented, so far as is reasonably practicable."

 

Bristol landlord fined for asbestos exposure

January 2010

A Bristol-based company has been fined for putting its workers at risk of asbestos-related diseases while working on a property in the city.

Frank Bruce and Company Ltd, of St George, Bristol pleaded guilty at Bristol Magistrates in relation to refurbishment work at Lawrence Hill Industrial Park in the city during February and March 2009.

The court heard Health and Safety Executive (HSE) inspectors visited industrial units where the defendant had organised refurbishment work involving the removal of a large quantity of asbestos insulation board without taking statutory safety precautions.

This led to exposure of the workers to the asbestos and also the contamination of the units being renovated.

The court heard the company plead guilty to breaches under Regulation 14 of the Construction (Design and Management) [CDM] Regulations 2007 by failing to appoint a CDM-coordinator or principal contractor for notifiable construction work and Regulation 4 (10) of the Control of Asbestos Regulations by failing to review or implement a plan to manage materials containing asbestos.

Frank Bruce and Co was today (WED) fined £18,000 for breaching the regulations and ordered to pay £6,679 costs.

Speaking after the hearing, HSE Inspector Sue Adsett said: "The decision not to have large quantities of asbestos insulation board removed by licensed contractors before the general refurbishment work began, put the workers at risk and contaminated the site.

"The work was stopped and the defendant paid to make the site safe, but this doesn't change the fact that seven construction workers were exposed to asbestos, which we know can cause fatal diseases.

"Landlords and property developers need to be very wary of organising construction work themselves if they haven't got appropriate experience of managing health and safety in building projects."

 

Edinburgh Council fined £14,000 for asbestos failures that put workers at risk

November 2009

Edinburgh Council has been fined £14,000 after 14 of its employees, were potentially exposed to asbestos while carrying out refurbishment work.

The workers, including joiners, had been instructed to remove laboratory doors from Castlebrae Community High School back in April 2007 and carry out alterations at the council's workshop on Murrayburn Road. This involved cutting the doors which disturbed the asbestos core inside.

The council pleaded guilty at Edinburgh Sheriff Court of breaching the Control of Asbestos Regulations 2006, Regulations 4 (9)(c)(i), 6(1), 11(1)(a) and 7(1).

The court heard how the council had failed to keep accurate records of the location and condition of asbestos and did not have suitable procedures in place to inform those working on or near the substance that it was there.

HSE inspector Mike Orr commented after the case:

"The risks from asbestos are well known and it is imperative that precautions to manage those risks are put in place. City of Edinburgh Council should have been well aware of its responsibilities. Its failings are clear.

"Although the council had carried out a survey of the premises which identified the asbestos core in the doors, there was no register on the school site and the summary provided to workers wasn't sufficient to alert them to the danger.

"The council did not carry out a sufficient risk assessment prior to the work commencing in 2007.

"It is important to stress that many buildings, including schools, contain asbestos. If it remains undisturbed and is in good condition it should not be a cause for concern.

"As this case demonstrates, those most likely to be at risk from asbestos are tradesmen. Every week, 20 tradesmen die from asbestos-related diseases, including mesothelioma - an incurable cancer.

"This case should serve as a warning to property owners or those who manage buildings to ensure they have robust arrangements in place to manage the risks from asbestos."

Wilmslow Firm Fined Over Asbestos Offences:

10/11/2008

A Wilmslow company has been fined £6,000 after pleading guilty to three offences of failing to manage asbestos.

Macclesfield Borough Council brought the prosecution against Freedom Finance at Macclesfield Magistrates Court.

An employee of the company, based at Brook House, Church Road, complained in June 2007 to the Council that he might have been exposed to damaged asbestos while at work.

It happened after an insurance company survey found the substance in the boiler room and lift motor room at Brook House.

The Court heard that Freedom Finance had arranged for the asbestos surveys to be carried out in April and June 2007, some three years later than it should have done, following a request from their insurers.

A subsequent investigation by Macclesfield Borough Council found that a number of employees had been exposed to asbestos.

Freedom Finance pleaded guilty to three offences and were fined although the severity was reduced owing to an early guilty plea.

Elizabeth Fountaine, Environmental Health Officer, said: "Freedom Finance was identified by the Council as a duty holder in respect of the Control of Asbestos Regulations 2006.

"The case should send out a warning to employers that they will be prosecuted if they don't take the issue of asbestos seriously. Breathing in air containing asbestos dust can lead to asbestos-related diseases.

"These are mainly cancers of the chest and lungs and are currently killing an estimated 3000 people a year in Great Britain."

HSE prosecutes Essex companies following multiple breaches of asbestos safety laws

The Health and Safety Executive (HSE) has issued a stark warning about managing the risks from asbestos, following its prosecution of a two companies in Essex, after workers in their employment were exposed to asbestos containing materials.

R Maskell Ltd of Loughton, Essex was fined £150,000 with costs of £30,000 at Ipswich Crown Court today (6th August). The company pleaded guilty to Section 2.1 of the Health and Safety at Work etc Act 1974 and Regulation 18 of the Construction (Health, Safety and Welfare) Regulations 1996.

LCH Contracts Ltd of Great Burstead, Billericay, Essex was fined £70,000 and costs of £13,821.00.  The company pleaded guilty to two Health and Safety breaches of Regulation 15 of the Control of Asbestos at Work Regulations 2002 and Regulation 7 of the Control of Asbestos at Work Regulations 2002.

Between 15th August-27th September 2005, R Maskell was carrying out refurbishment work and had, after discovering asbestos, sub-contracted LCH Contracts to carry out asbestos removal at St Francis Tower, Franciscan Way, Ipswich.

HSE inspectors visited the site on 27th September 2005 to inspect asbestos removal work taking place.  They became very concerned over the state of the building, as there was debris on floors and in black sacks on most floors of the 15 storey tower block and some appeared to be asbestos containing materials (ACM’s). Work was then stopped in the building.

The HSE investigation found the building to be contaminated with ACM’s and evidence was found that asbestos insulation board (AIB) had not been removed following adequate safety procedures.  Specifically, it was removed without using a wet strip technique - wetting of the product to prevent fibre release during removal.

HSE Inspector, Nicola Surrey said:
"Every year 1000 people who worked in building maintenance and repair trades die from past exposures to asbestos fibres.  The exposure of employees from R Maskell Ltd and LCH Contracts Ltd to asbestos, could and should have been avoided by straightforward safety precautions.  HSE will not hesitate to take action against those who fall short of the law in such a way.

"Asbestos must be properly managed to prevent people dying from asbestos diseases in the future.  If you are responsible for managing the maintenance and repair of a building, you must manage any asbestos in it.  HSE has provided guidance to help people understand what they have to do to comply with their legal obligations."

 

Asbestos samples found in part of Olympic Stadium site

Olympic Delivery Authority

2 July 2008

Some small samples of asbestos-containing material have been discovered within the construction site of the Olympic Stadium, the Olympic Delivery Authority (ODA) announced today.

The work to create the permanent foundations of the Stadium has been halted in one section of the site as a precautionary measure. Work on the rest of the Olympic Stadium site and the rest of the Olympic Park continues as normal.

Lawrence Waterman, ODA Head of Health and Safety said: 'As part of our health, safety and environmental monitoring, a small amount of asbestos-containing material has been discovered within the ground of the Olympic Stadium. The health and safety of the workforce is our number one priority and we have taken the precautionary measure of stopping work in this area.

'We are working with the relevant authorities and expect work to re-start progressively as protective measures are put in place over the next few days.'

Construction started on the Olympic Stadium site in May 2008, three months earlier than originally planned and the piling work to create the permanent foundation are over halfway through.

Asbestos scare at old factory

From Salford Advertiser

19/ 6/2008

AN ASBESTOS scare has caused villagers to call for urgent clean-up action at a derelict factory in Monton.

Parents are worried that the former Mitchell Shackleton on Canal Bank has turned into a lethal playground for their children.

And they have turned to the village’s own website to warn other families of the danger.

Monton Village Community Association chairman Paul Ashton said: "We were alerted to the problem when messages began to flood our website.

"Immediately, we phoned the council to ask them to send environmental health officers out to investigate.

"The site is just not secure enough and is proving a real lure to children wanting to play on it, but if there is asbestos about they could be playing with their lives."

Councillor Derek Antrobus, lead member for planning at Salford City Council, said they have been out to investigate.

Cllr Antobus said: "The site is owned by private developers whose responsibility it is to keep the site safe and secure.

"We have agreed with the developers that the area needs to be secured and that we will do this on their behalf and recharge the costs to them.

"In the meantime we’d like to urge people to stay away from the area while it is being properly secured."

Anthony Hirsch, boss of Chester Developments, who own the premises, said asbestos had been found on the premises during demolition of the buildings but it was of the non-toxic variety.

He said: "It was the kind of asbestos used in wall cladding and has all been safely removed by our contractors. However, despite our best efforts to keep the premises secure from intruders, youngsters are still being drawn to the site and will always find some way to get in.

"We would respectfully suggest to all those parents who are worried about their children, to make sure they know where they are and impress upon them not to break into the premises. They have responsibilities like us."

Chester Developments wanted to build a £100m eco-friendly estate on the 11-acre plot but have run up against council objections because the land was designated for industrial use under the city’s Unitary Development Plan.

The company’s revised plans were also turned down by the Secretary of State and they are now taking their proposals to a judicial review, due to be heard in September.

Asbestos controversy aboard Scientology ship Freewinds

From Wikinews, the free news source you can write!

Friday, May 16, 2008

Controversy has arisen over the reported presence of blue asbestos on the MV Freewinds, a cruise ship owned by the Church of Scientology. According to the Saint Martin newspaper The Daily Herald and the shipping news journal Lloyd's List, the Freewinds was sealed in April and local public health officials on the Caribbean island of Curacao where the ship is docked began an investigation into the presence of asbestos dust on the ship. Former Scientologist Lawrence Woodcraft supervised work on the ship in 1987, and attested to the presence of blue asbestos on the Freewinds in an affidavit posted to the Internet in 2001. Woodcraft, a licensed architect by profession, gave a statement to Wikinews and commented on the recent events.

According to The Daily Herald, the Freewinds was in the process of being renovated by the Curaçao Drydock Company. The article states that samples taken from paneling in the ship were sent to the Netherlands, where an analysis revealed that they "contained significant levels of blue asbestos". An employee of the Curaçao Drydock Company told Radar Online in an April 30 article that the Freewinds has been docked and sealed, and confirmed that an article about asbestos ran in the local paper.

Lloyd's List reported that work on the interior of the Freewinds was suspended on April 27 after health inspectors found traces of blue asbestos on the ship. According to Lloyd's List, Frank Esser, Curaçao Drydock Company's interim director, joined Curaçao's head of the department of labor affairs Christiene van der Biezen along with the head of the local health department Tico Ras and two inspectors in an April 25 inspection of the ship. "We are sending someone so that they can tell us what happened, where it came from, since when it has been there," said Panama Maritime Authority's director of merchant marine Alfonso Castillero in a statement to Lloyd's List.

The Church of Scientology purchased the ship, then known as the Bohème, in 1987, through an organization called Flag Ship Trust. After being renovated and refitted, it was put into service in June 1988. The ship is used by the Church of Scientology for advanced Scientology training in "Operating Thetan" levels, as well as for spiritual retreats for its members. Curaçao has been the ship's homeport since it was purchased by the Church of Scientology.

According to his 2001 statement, Lawrence Woodcraft had been an architect inLondon, England since 1975, and joined Scientology's elite "Sea Organization" in 1986. He wrote that he was asked by the Sea Org to work on the Freewinds in 1987, and during his work on the ship "noticed a powdery blue fibrous substance approximately 1 ½" thick between the paint and the steel wall," which he believed to be asbestos. He also discovered what he thought was blue asbestos in other parts of the ship, and reported his findings to Church of Scientology executives. Woodcraft discussed his experiences in a 2001 interview published online by the Lisa McPherson Trust, a now-defunct organization which was critical of the Church of Scientology.

 

Church of Scientology spokeswoman Karin Pouw responded to Radar Online about the asbestos reports, in an email published in an article in Radar on May 1. "The Freewinds regularly inspects the air quality on board and always meets or exceeds US standards," said Pouw. She stated that two inspections performed in April "confirmed that the air quality is safe," and asserted that the inspections revealed the Freewinds satisfies standards set by the United States Occupational Safety and Health Administration and the U.S. Clean Air Act.

Pouw told Radar that "The Freewinds will be completing its refit on schedule." The Church of Scientology-affiliated organization Citizens Commission on Human Rights had been planning a cruise aboard the Freewinds scheduled for May 8, but according to Radar an individual who called the booking number for the cruise received a message that the cruise had been delayed due to ongoing work on the ship. Citing an article in the Netherlands Antilles newspaper Amigoe, Radar reported on May 6 that a team from the United States and supervised by an independent bureau from the Netherlands traveled to Curaçao in order to remove asbestos from the Freewinds.

 

"I stand by everything I wrote in my 2001 affidavit," said Lawrence Woodcraft in an exclusive statement given to Wikinews. Woodcraft went on to state: "I would also comment that if the Church of Scientology claims to have removed the blue asbestos, I just don't see how, it's everywhere. You would first have to remove all the pipes, plumbing, a/c ducts, electrical wiring etc. etc. just a maze of stuff. Also panelling as well, basically strip the ship back to a steel hull. Also blue asbestos is sprayed onto the outer walls and then covered in paint. It's in every nook and cranny."

 

In a May 15 statement to the United Kingdom daily newspaper Metro, a representative for the Church of Scientology said that "There is not now and never has been a situation of asbestos exposure on the Freewinds." The Asbestos and Mesothelioma Center notes that agencies have recommended anyone who has spent time on the Freewinds consult with their physician to determine if possible asbestos exposure may have affected their health.

Raw blue asbestos is the most hazardous form of asbestos, and has been banned in the United Kingdom since 1970. Blue asbestos fibers are very narrow and thus easily inhaled, and are a major cause of mesothelioma. Mesothelioma is a form of cancer which can develop in the lining of the lungs and chest cavity, the lining of the abdominal cavity, or the pericardium sac surrounding the heart. The cancer is incurable, and can manifest over 40 years after the initial exposure to asbestos.

"This is the most dangerous type of asbestos because the fibres are smaller than the white asbestos and can penetrate the lung more easily," said toxicologist Dr. Chris Coggins in a statement published in OK Magazine. Dr. Coggins went on to note that "Once diagnosed with mesothelioma, the victim has six months to a year to live. It gradually reduces lung function until the victim is no longer able to breathe and dies."

HSE launches blitz on refurb sites

7 February, 2008

By Eleanor Goodman

Safety inspectors to carry our 1,000 spot checks on sites across the country

The HSE has launched a blitz on repair and refurbishment sites.

It aims to carry out 1,000 spot checks on sites across the country, and said contractors should expect “strong enforcement action”.

Inspectors will check people are working safely at height, have correctly installed equipment and have kept working areas clear.

Stephen Williams, the HSE’s chief inspector of construction, said: “It is totally unacceptable that so many lives have been lost and continue to be put at risk on construction sites, particularly within the refurbishment sector.

“We will continue to take firm action against rogue elements who ignore safety precautions. Sites where health and safety is taken seriously have nothing to fear, but we will root out those that put lives at risk.”

Last year more than half of workers deaths on site occurred in the refurbishment sector and the number rose by 61% on the previous year.

Enforcement notices were issued at one in three sites during last summer’s blitz.

'Homeowners should seek help over asbestos concerns'

Updated: Tuesday February 26, 2008

Homeowners concerned about uncovering asbestos during DIY work should have their property checked by their local authority rather than try and tackle the problem themselves, the National Home Improvement Council has advised.

Asbestos was used extensively as a building material in Great Britain from the 1950s through to the mid 1980s, due to its fire-resistant tendencies but inhalation of its fibres over time can cause serious lung diseases.

The British Lung Foundation has recently claimed that tradespeople often put themselves at risk of developing cancer because they don’t know enough about the dangers of asbestos.

But the council's technical consultant Andrew Leech said that while many older homes will contain asbestos, it is unlikely to be the most dangerous 'blue' type.

Checking and removing asbestos, however, is "not something [the homeowner] should tackle themselves", he said.

"I would suggest that anywhere where a householder is concerned about asbestos, they should consult their local authority and have them come over and assess what the extent of the problem is, and then deal with it accordingly," Mr Leech continued.

The survey undertaken as part of the home information pack will inform homebuyers of any asbestos in a property before they buy, the National Home Improvement Council has announced.

Workers Ignorant About Asbestos Danger

Updated:09:50, Friday February 22, 2008

Builders, gasfitters and other tradesmen and women have an "alarming" ignorance of the risks posed by asbestos, according to a new report. 

The British Lung Foundation said a survey of 400 workers showed that only one in eight knew that exposure to asbestos could be fatal.

One in 10 of those questioned revealed they had been pressured to continue working even if they suspected that the material was present - while one in four mistakenly assumed that some levels of it were safe.

Most of those polled admitted they rarely asked if a site had been checked before they started a job.

The report noted that 20 tradesmen die of asbestos-related diseases every week and exposure is now Britain's biggest workplace killer.

Asbestos causes a chest cancer called mesothelioma, which kills one person every five hours in the UK. Tradespeople such as builders, plumbers, carpenters, electricians and gas fitters are most at risk of getting the cancer.

Mesothelioma develops between 15 and 60 years after exposure to asbestos and the UK will soon face an epidemic of the disease as cases are set to peak between 2011 and 2015, the report has warned.

Dame Helena Shovelton, Chief Executive of the British Lung Foundation, said: "It is a great worry that those most at risk of this cruel cancer know so little about a killer that could be lurking in the building they're working on."

Go to our training website to book an Asbestos Awareness course if you are an at risk tradesman.

Investigation of chrysotile fibres in an asbestos cement.
The Health and Safety Laboratory (HSL) have investigated claims that chrysotile asbestos in asbestos cement products is altered into a non-asbestos fibrous material called Casitile. The claims also suggested that
this process is 100% efficient and no chrysotile asbestos remains in the matrix and no release of airborne chrysotile fibres can occur. The HSL
investigation refutes these claims and confirms that chrysotile fibres are present in the cement matrix, often as quite large fibre bundles which are clearly visible to the eye and that when asbestos cement is disturbed, chrysotile fibres are released from the cement into
the air. A copy of the HSL report can be found via the link below:

Investigation of the chrysotile fibres in an asbestos cement sample.