Cannock scaffolder in court over worker’s fractured skull
- A West Midlands scaffolder has received a four month prison sentence suspended for 12 months and ordered to pay compensation of £2,500, after a construction worker suffered a fractured skull when a pulley wheel fell seven metres and struck his head.
Birmingham Magistrates’ Court heard 27-year-old Mark Jones, from Darlaston, was installing lead flashing on a school roof using lifting equipment installed by Christopher Alan Harvey, trading as Cannock Wood Scaffolding , when the incident happened on 8 August 2013.
Mr Jones, who was working for a sub-contractor on the site, was operating a ‘gin wheel’, or metal pulley wheel, which is used to hoist and lower materials with ropes. The wheel had been attached to the scaffold by Christopher Harvey.
As Mr Jones was loading materials from the ground ready for lifting to the roof, the wheel, weighing four kg, fell seven meters from the scaffold and struck him on the head fracturing his skull. He has since made a full recovery.
A Health and Safety Executive (HSE) investigation found that Mr Harvey had failed to properly secure the gin wheel to the scaffold – no scaffold fittings were used to prevent the gin wheel from falling off the end of the scaffold tube, and the supporting structure was inadequately braced.
Christopher Alan Harvey, 40, of Wolverhampton Road, Cannock, West Midlands, pleaded guilty to breaching Section 10(1) of The Work at Height Regulations 2005 and received a four month prison sentence suspended for 12 months and ordered to pay Mark Jones compensation of £2,500, plus £527.56 in costs.
Speaking after the hearing, HSE Inspector Edward Fryer said: “This incident was entirely preventable and could easily have been avoided had Mr Harvey followed the published guidance to attach the wheel securely. Gin wheels are a common accessory for scaffolders and must be attached correctly. The installation of this gin wheel fell far short of the expected standard and made it almost inevitable that it would fall from the scaffold endangering anyone walking beneath.
“Mr Jones suffered a fracture to his skull, but it is nothing more than luck that he was not more seriously injured, or even killed.
“If you are installing scaffolding or associated lifting equipment, it must be left in a safe condition. The quality of work could make the difference between life or death.”
Mr Jones, who was working for a sub-contractor on the site, was operating a ‘gin wheel’, or metal pulley wheel, which is used to hoist and lower materials with ropes. The wheel had been attached to the scaffold by Christopher Harvey.
As Mr Jones was loading materials from the ground ready for lifting to the roof, the wheel, weighing four kg, fell seven meters from the scaffold and struck him on the head fracturing his skull. He has since made a full recovery.
A Health and Safety Executive (HSE) investigation found that Mr Harvey had failed to properly secure the gin wheel to the scaffold – no scaffold fittings were used to prevent the gin wheel from falling off the end of the scaffold tube, and the supporting structure was inadequately braced.
Christopher Alan Harvey, 40, of Wolverhampton Road, Cannock, West Midlands, pleaded guilty to breaching Section 10(1) of The Work at Height Regulations 2005 and received a four month prison sentence suspended for 12 months and ordered to pay Mark Jones compensation of £2,500, plus £527.56 in costs.
Speaking after the hearing, HSE Inspector Edward Fryer said: “This incident was entirely preventable and could easily have been avoided had Mr Harvey followed the published guidance to attach the wheel securely. Gin wheels are a common accessory for scaffolders and must be attached correctly. The installation of this gin wheel fell far short of the expected standard and made it almost inevitable that it would fall from the scaffold endangering anyone walking beneath.
“Mr Jones suffered a fracture to his skull, but it is nothing more than luck that he was not more seriously injured, or even killed.
“If you are installing scaffolding or associated lifting equipment, it must be left in a safe condition. The quality of work could make the difference between life or death.”
Building firm prosecuted after joiner falls through ceiling
- A Manchester construction firm has appeared in court over safety failings after a joiner was badly injured when he fell through a ceiling.
Patrick Moran, 48 from Stretford, had been working on a loft conversion in Chorlton when the incident happened on 21 May 2013.
Quaintbrook Properties Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found he had been asked to help install partition walls without any floorboards in place.
Trafford Magistrates’ Court heard that the company had been hired to carry out loft conversions at two neighbouring properties on York Road. The firm had installed new floor joists but wanted the partition walls to be fitted before the floorboards, so they could be easily lifted up in the future.
The job sheet instructed the two joiners to use boards on the site as temporary flooring but when they arrived they could only find three pieces of wet plywood outside, which were unusable. They therefore had to use some old loft boards to create temporary walkways and kept moving them to reach different areas of the loft.
As the joiners were installing the wooden frame for a partition wall, one of them slipped and his leg went between the floor joists and through the plasterboard ceiling up to his hip.
He managed to pull himself up onto the joints but suffered severe internal bruising and continues to suffer from pins and needles to his left hand, caused by possible nerve damage.
Quaintbrook Properties Ltd, of Oswald Road in Chorlton, was fined £5,000 and ordered to pay £5,518 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Laura Moran said:
“The joiner was badly injured in the incident but it could easily have been much worse if he had fallen all the way into the room below. Quaintbrook Properties was responsible for his safety but it failed to take this responsibility seriously.
“The company did not give its employees any information about health and safety, or carry out a proper assessment of the risks ahead of the work starting. As well as the missing floorboards, there was also a large opening for the new staircase without any markings or protective measures around it.
“Following the incident, the company arranged for temporary flooring to be installed across the whole area. If this had been in place at the time of the incident then the joiner’s injuries could have been avoided.”
Quaintbrook Properties Ltd was prosecuted by the Health and Safety Executive (HSE) after an investigation found he had been asked to help install partition walls without any floorboards in place.
Trafford Magistrates’ Court heard that the company had been hired to carry out loft conversions at two neighbouring properties on York Road. The firm had installed new floor joists but wanted the partition walls to be fitted before the floorboards, so they could be easily lifted up in the future.
The job sheet instructed the two joiners to use boards on the site as temporary flooring but when they arrived they could only find three pieces of wet plywood outside, which were unusable. They therefore had to use some old loft boards to create temporary walkways and kept moving them to reach different areas of the loft.
As the joiners were installing the wooden frame for a partition wall, one of them slipped and his leg went between the floor joists and through the plasterboard ceiling up to his hip.
He managed to pull himself up onto the joints but suffered severe internal bruising and continues to suffer from pins and needles to his left hand, caused by possible nerve damage.
Quaintbrook Properties Ltd, of Oswald Road in Chorlton, was fined £5,000 and ordered to pay £5,518 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE Inspector Laura Moran said:
“The joiner was badly injured in the incident but it could easily have been much worse if he had fallen all the way into the room below. Quaintbrook Properties was responsible for his safety but it failed to take this responsibility seriously.
“The company did not give its employees any information about health and safety, or carry out a proper assessment of the risks ahead of the work starting. As well as the missing floorboards, there was also a large opening for the new staircase without any markings or protective measures around it.
“Following the incident, the company arranged for temporary flooring to be installed across the whole area. If this had been in place at the time of the incident then the joiner’s injuries could have been avoided.”
Safety failures land two Kent companies in court
- Two construction companies have been sentenced for safety failings after a worker was injured in a fall at a site near Canterbury in Kent.
The 46-year-old worker, from Tunbridge Wells, who does not wish to be named, fell through the fragile roof of a food packaging firm’s premises in Bridge after losing his balance on the working platform he was using.
He landed on the cold store roof nearly two metres below and suffered a broken rib and fractured left wrist, but has since recovered and returned to work.
The incident, on 4 October 2012, was investigated by the Health and Safety Executive (HSE) which prosecuted Ramsgate-based firms WW Martin Ltd and Brandclad Ltd.
Canterbury Magistrates were told the food firm had used WW Martin for several years to undertake building work at their site so had contracted them to remedy leaks in the premises. WW Martin in turn hired specialist roofing firm Brandclad to carry out the work.
Before the repairs started, WW Martin were sent a risk assessment and a planned method of work by Brandclad highlighting the danger of the fragile roof and stating that platforms with handrails would be used, along with harnesses for workers.
However, HSE found that from the start of work on 22 September until a month later when the work finished, the platforms for the roofers were left open and unprotected.
Even when the Brandclad employee fell and work was suspended for ten days to review what had happened, the only change made was to provide platforms that sat flatter and more evenly in the troughs of roof sheets. The safety measures that had been promised – handrails and harnesses – were never used by Brandclad. WW Martin, which was responsible for monitoring the work, failed to take any action.
Magistrates heard HSE found both WW Martin and Brandclad had considered putting fall prevention measures inside the roof void but had decided against it because of doubts about the structural strength of the cold store roof.
WW Martin Ltd, Dane Park Road, Ramsgate, and Brandclad Ltd, Orchard Business Centre, North Farm Road, Tunbridge Wells, each admitted one breach of the Work at Height Regulations 2005.
Brandclad, stated by the court to be 60 per cent culpable, was fined £7,000 with £3,588 in costs. WW Martin was fined a higher amount of £10,000 owing to its stronger financial position despite being 40 per cent culpable, also with £3,588 in costs.
Speaking after the hearing, HSE Inspector Melvyn Stancliffe said:
“This was a completely avoidable incident. The dangers of working on fragile roofs are very well- known in the industry. Such work should never be undertaken without careful planning and making sure the right type of fall prevention and mitigation measures are in place.
“It is incredible the work was carried out despite the companies’ misgivings about the strength of the internal cold store roof. Had that given way when the worker fell on to it then HSE would likely have been investigating a death.
“Even after the incident, the job was resumed without any proper improvements made to the working methods. There should be no shortcuts when working on fragile surfaces – no matter how short the duration of a job is.”
He landed on the cold store roof nearly two metres below and suffered a broken rib and fractured left wrist, but has since recovered and returned to work.
The incident, on 4 October 2012, was investigated by the Health and Safety Executive (HSE) which prosecuted Ramsgate-based firms WW Martin Ltd and Brandclad Ltd.
Canterbury Magistrates were told the food firm had used WW Martin for several years to undertake building work at their site so had contracted them to remedy leaks in the premises. WW Martin in turn hired specialist roofing firm Brandclad to carry out the work.
Before the repairs started, WW Martin were sent a risk assessment and a planned method of work by Brandclad highlighting the danger of the fragile roof and stating that platforms with handrails would be used, along with harnesses for workers.
However, HSE found that from the start of work on 22 September until a month later when the work finished, the platforms for the roofers were left open and unprotected.
Even when the Brandclad employee fell and work was suspended for ten days to review what had happened, the only change made was to provide platforms that sat flatter and more evenly in the troughs of roof sheets. The safety measures that had been promised – handrails and harnesses – were never used by Brandclad. WW Martin, which was responsible for monitoring the work, failed to take any action.
Magistrates heard HSE found both WW Martin and Brandclad had considered putting fall prevention measures inside the roof void but had decided against it because of doubts about the structural strength of the cold store roof.
WW Martin Ltd, Dane Park Road, Ramsgate, and Brandclad Ltd, Orchard Business Centre, North Farm Road, Tunbridge Wells, each admitted one breach of the Work at Height Regulations 2005.
Brandclad, stated by the court to be 60 per cent culpable, was fined £7,000 with £3,588 in costs. WW Martin was fined a higher amount of £10,000 owing to its stronger financial position despite being 40 per cent culpable, also with £3,588 in costs.
Speaking after the hearing, HSE Inspector Melvyn Stancliffe said:
“This was a completely avoidable incident. The dangers of working on fragile roofs are very well- known in the industry. Such work should never be undertaken without careful planning and making sure the right type of fall prevention and mitigation measures are in place.
“It is incredible the work was carried out despite the companies’ misgivings about the strength of the internal cold store roof. Had that given way when the worker fell on to it then HSE would likely have been investigating a death.
“Even after the incident, the job was resumed without any proper improvements made to the working methods. There should be no shortcuts when working on fragile surfaces – no matter how short the duration of a job is.”
Workers’ health put at risk by Hampshire firm
- A Hampshire manufacturer has appeared in court after allowing the health of employees to be put at risk.
Brooks Crownhill Patternmakers Ltd, a precision engineering company based in Andover, was prosecuted by the Health and Safety Executive (HSE) at Basingstoke Magistrates’ Court for five health and safety breaches.
The offences came to light after an inspection by HSE revealed that risks to health from exposure to vibration, noise and dust had not been adequately managed or controlled.
HSE found that Brooks Crownhill Patternmakers, which produces metal castings for a range of industries, had no effective management systems to control exposure to the health risks to their employees. As a result, workers experienced a range of symptoms which required further investigation and monitoring.
Brooks Crownhill Patternmakers Ltd of North Way, Walworth Industrial Estate, Andover, was fined a total of £7,000 and ordered to pay £1,379 in costs after admitting single breaches of the Health and Safety at Work etc Act 1974; the Management of Health and Safety at Work Regulations 1999; the Control of Vibration at Work Regulations 2005; and two breaches of the Control of Substances Hazardous to Health Regulations.
After the hearing, HSE Inspector Michael Baxter said:
“The company failed to fully control the numerous risks arising from its business activities. This has meant several employees developing symptoms relating to exposure to vibration, noise and dust, which could have been picked up sooner as part of a health surveillance programme. “Brooks Crownhill Patternmakers did not respond to changing workloads and processes, and failed to act on advice provided by its occupational health provider or by contractors servicing equipment.
“The company has since reviewed and made significant changes to its risk management and occupational health monitoring.”
The offences came to light after an inspection by HSE revealed that risks to health from exposure to vibration, noise and dust had not been adequately managed or controlled.
HSE found that Brooks Crownhill Patternmakers, which produces metal castings for a range of industries, had no effective management systems to control exposure to the health risks to their employees. As a result, workers experienced a range of symptoms which required further investigation and monitoring.
Brooks Crownhill Patternmakers Ltd of North Way, Walworth Industrial Estate, Andover, was fined a total of £7,000 and ordered to pay £1,379 in costs after admitting single breaches of the Health and Safety at Work etc Act 1974; the Management of Health and Safety at Work Regulations 1999; the Control of Vibration at Work Regulations 2005; and two breaches of the Control of Substances Hazardous to Health Regulations.
After the hearing, HSE Inspector Michael Baxter said:
“The company failed to fully control the numerous risks arising from its business activities. This has meant several employees developing symptoms relating to exposure to vibration, noise and dust, which could have been picked up sooner as part of a health surveillance programme. “Brooks Crownhill Patternmakers did not respond to changing workloads and processes, and failed to act on advice provided by its occupational health provider or by contractors servicing equipment.
“The company has since reviewed and made significant changes to its risk management and occupational health monitoring.”
Disqualified director jailed over worker death and company deception
- A Hampshire businessman, who was disqualified from being a company director, was today jailed for serious fraud and safety offences. A second businessman was given a suspended prison sentence for similar offences.
The two were sentenced at Winchester Crown Court today (29 Aug) following joint proceedings brought by BIS (the Department for Business Innovation and Skills) and the Health and Safety Executive (HSE). The safety offence related to the tragic death of a 40 year-old Southampton worker in September 2010.
Paul O’Boyle, 56, of Cholderton Road, Andover, was jailed for a total of 26 months; 16 months for a breach of the Health and Safety at Work etc Act 1974; ten months for a breach of the Fraud Act 2006; and a total of eight months concurrent for four breaches of Section 13 of the Company Directors Disqualification Act 1986. He was also disqualified from being a company director for the maximum of 15 years.
Russell Lee, 67, of Quay 2000, Horseshoe Bridge, Southampton, was given a 12-month prison sentence suspended for two years after admitting the same breach of the Health and Safety at Work etc Act and a concurrent six months, also suspended, after pleading guilty to aiding and abetting O’Boyle in his disqualification.
Lee was also disqualified as a director, for seven years, ordered to pay £8,000 toward prosecution costs and given 150 hours’ community service.
The safety offences related to their running of Alton-based Aztech BA Ltd and the death of a worker who was crushed and killed by a two-tonne metal sand-moulding box that fell from the lifting chains of a crane he was using to manoeuvre it.
The court was told Paul O’Boyle had been disqualified from acting as a company director for 12 years in 2006 but continued to act in that capacity at a number of foundry companies, including Aztech(BA) Ltd, which operated from premises at Lasham, Hampshire. In running Aztech, Mr O’Boyle was aided by Russell Lee, who agreed to be the registered director of the company.
The offences came to light following the fatal incident at the now-insolvent company, Aztech, when Ian Middlemiss, 40, who lived in Thornhill, Southampton, was crushed beneath a heavy sandbox on 30 September 2010. Colleagues scrambled to free him, but he was pronounced dead at the scene by paramedics.
HSE investigated the death and identified serious concerns with the systems of work in place at the time, and with the lifting equipment. HSE became aware of the Companies Act offences and a joint investigation with BIS was undertaken.
HSE found that the crane at the centre of the incident had not been checked and tested as the law requires, and there were inadequate provisions in place covering competency, supervision or training. The court heard the incident could have been prevented had the system of work been reviewed and properly assessed.
HSE inspectors also identified problems with lead exposure at the company. Substances containing lead were used elsewhere at the site as part of a separate bronze moulding process, but the control and health surveillance measures were insufficient – meaning workers were being exposed to potentially harmful levels of lead without realising it.
The court was told that at the time of Mr Middlemiss’ death the foundry was the subject of three Improvement Notices served by HSE following earlier visits in September 2009 and June 2010. A number of important safety improvements were required, but few had been satisfactorily implemented, largely, claimed the management team, because of financial constraints.
HSE argued the fatality incident could have been avoided had the necessary changes in the relevant enforcement notices taken place.
Aztech BA Ltd was also sentenced for a breach of Section 2(1) of the Health and Safety at Work etc Act, after a guilty plea was submitted on behalf of the insolvent firm by its administrators. The court imposed a fine of £100,000.
In terms of the other offences, the judge heard that between 2006 and 2011 Paul O’Boyle contravened two orders disqualifying him as a director by acting in that capacity in no fewer than four separate companies, including Aztech.
He was also responsible for the cross-firing of cheques, which were written from the bank account of one of the companies, which was no longer trading, to provide funds for Aztech.
BIS investigators established that Aztech drew almost £92,500 in this way, taking advantage of a short window after the cheques were presented but before they bounced.
The investigators also established that Russell Lee aided and abetted Paul O’Boyle as the registered director of Aztech, performing tasks such as writing blank cheques for Mr O’Boyle to use, but not fulfilling the responsibilities of being the director of the company, allowing O’Boyle to run the business.
In his sentencing comments, the Recorder of Salisbury, His Honour Judge A H Barnett, said Paul O’Boyle had behaved in a ‘disgraceful’ way and had been culpable of ‘extremely shoddy business practice’.
After reading a statement from Mr Middlemiss’ father, the judge said the impact of the incident had been devastating: “It was harrowing, and underlines the personal tragedy that could have been avoided.”
After sentencing, Tim Galloway, HSE Director of Operations, Southern Division, said:
“The safety standards at Aztech BA Ltd fell well short of those required, as Paul O’Boyle and Russell Lee were only too aware. They knew improvements were needed to protect workers like Ian Middlemiss and they had clear responsibilities as senior management to ensure the necessary changes were implemented.
“Sadly one of the many areas that was seemingly overlooked was the system of work surrounding the overhead crane. Had this been properly assessed then Ian’s tragic death could have been prevented.”
David Middlemiss, Ian’s father, commented:
“I brought my son up since he was an infant and cared for him all his life until his death. His passing has left a huge empty void in my life, a devastating loss that I will never recover from.”
Deputy Chief Investigation Officer Liam Mannall, from BIS, said:
“Individuals are disqualified from being company directors for good reason, usually because of conduct which shows them to be unfit to operate a business. This case shows the tragic consequences of Mr O’Boyle ignoring his disqualification.”
Paul O’Boyle, 56, of Cholderton Road, Andover, was jailed for a total of 26 months; 16 months for a breach of the Health and Safety at Work etc Act 1974; ten months for a breach of the Fraud Act 2006; and a total of eight months concurrent for four breaches of Section 13 of the Company Directors Disqualification Act 1986. He was also disqualified from being a company director for the maximum of 15 years.
Russell Lee, 67, of Quay 2000, Horseshoe Bridge, Southampton, was given a 12-month prison sentence suspended for two years after admitting the same breach of the Health and Safety at Work etc Act and a concurrent six months, also suspended, after pleading guilty to aiding and abetting O’Boyle in his disqualification.
Lee was also disqualified as a director, for seven years, ordered to pay £8,000 toward prosecution costs and given 150 hours’ community service.
The safety offences related to their running of Alton-based Aztech BA Ltd and the death of a worker who was crushed and killed by a two-tonne metal sand-moulding box that fell from the lifting chains of a crane he was using to manoeuvre it.
The court was told Paul O’Boyle had been disqualified from acting as a company director for 12 years in 2006 but continued to act in that capacity at a number of foundry companies, including Aztech(BA) Ltd, which operated from premises at Lasham, Hampshire. In running Aztech, Mr O’Boyle was aided by Russell Lee, who agreed to be the registered director of the company.
The offences came to light following the fatal incident at the now-insolvent company, Aztech, when Ian Middlemiss, 40, who lived in Thornhill, Southampton, was crushed beneath a heavy sandbox on 30 September 2010. Colleagues scrambled to free him, but he was pronounced dead at the scene by paramedics.
HSE investigated the death and identified serious concerns with the systems of work in place at the time, and with the lifting equipment. HSE became aware of the Companies Act offences and a joint investigation with BIS was undertaken.
HSE found that the crane at the centre of the incident had not been checked and tested as the law requires, and there were inadequate provisions in place covering competency, supervision or training. The court heard the incident could have been prevented had the system of work been reviewed and properly assessed.
HSE inspectors also identified problems with lead exposure at the company. Substances containing lead were used elsewhere at the site as part of a separate bronze moulding process, but the control and health surveillance measures were insufficient – meaning workers were being exposed to potentially harmful levels of lead without realising it.
The court was told that at the time of Mr Middlemiss’ death the foundry was the subject of three Improvement Notices served by HSE following earlier visits in September 2009 and June 2010. A number of important safety improvements were required, but few had been satisfactorily implemented, largely, claimed the management team, because of financial constraints.
HSE argued the fatality incident could have been avoided had the necessary changes in the relevant enforcement notices taken place.
Aztech BA Ltd was also sentenced for a breach of Section 2(1) of the Health and Safety at Work etc Act, after a guilty plea was submitted on behalf of the insolvent firm by its administrators. The court imposed a fine of £100,000.
In terms of the other offences, the judge heard that between 2006 and 2011 Paul O’Boyle contravened two orders disqualifying him as a director by acting in that capacity in no fewer than four separate companies, including Aztech.
He was also responsible for the cross-firing of cheques, which were written from the bank account of one of the companies, which was no longer trading, to provide funds for Aztech.
BIS investigators established that Aztech drew almost £92,500 in this way, taking advantage of a short window after the cheques were presented but before they bounced.
The investigators also established that Russell Lee aided and abetted Paul O’Boyle as the registered director of Aztech, performing tasks such as writing blank cheques for Mr O’Boyle to use, but not fulfilling the responsibilities of being the director of the company, allowing O’Boyle to run the business.
In his sentencing comments, the Recorder of Salisbury, His Honour Judge A H Barnett, said Paul O’Boyle had behaved in a ‘disgraceful’ way and had been culpable of ‘extremely shoddy business practice’.
After reading a statement from Mr Middlemiss’ father, the judge said the impact of the incident had been devastating: “It was harrowing, and underlines the personal tragedy that could have been avoided.”
After sentencing, Tim Galloway, HSE Director of Operations, Southern Division, said:
“The safety standards at Aztech BA Ltd fell well short of those required, as Paul O’Boyle and Russell Lee were only too aware. They knew improvements were needed to protect workers like Ian Middlemiss and they had clear responsibilities as senior management to ensure the necessary changes were implemented.
“Sadly one of the many areas that was seemingly overlooked was the system of work surrounding the overhead crane. Had this been properly assessed then Ian’s tragic death could have been prevented.”
David Middlemiss, Ian’s father, commented:
“I brought my son up since he was an infant and cared for him all his life until his death. His passing has left a huge empty void in my life, a devastating loss that I will never recover from.”
Deputy Chief Investigation Officer Liam Mannall, from BIS, said:
“Individuals are disqualified from being company directors for good reason, usually because of conduct which shows them to be unfit to operate a business. This case shows the tragic consequences of Mr O’Boyle ignoring his disqualification.”
Hove firm prosecuted after flouting asbestos laws
- A Hove-based firm has been fined after it flouted asbestos regulations and removed some of the dangerous material just three weeks after being refused a licence to carry out such work.
Asbestos Damage Limitations Ltd, trading as ADL, was prosecuted at Brighton Magistrates’ Court for safety breaches following the work undertaken at premises in Dyke Road, Hove, between 22 and 25 October 2013.
The case was brought by the Health and Safety Executive (HSE) after investigating a complaint that an unlicensed contractor was carrying out asbestos removal work.
The court was told that ADL had possessed a licence to remove asbestos – a known carcinogen – but that this had expired in September 2013. The firm had applied for a renewal of the licence and had been for a renewal interview with HSE on 1 October. However this had resulted in an outright refusal based on inadequate performance.
Asbestos Damage Limitations Ltd, Coleridge Street, Hove, East Sussex, was fined £15,000 and ordered to pay £4,000 in costs after admitting breaching Regulation 8(1) of the Control of Asbestos Regulations 2012.
After the hearing, HSE Inspector Denis Bodger said:
“ADL obviously decided to ignore the fact that its asbestos licence had expired and also that the application to renew had been refused. Instead it carried on regardless and went ahead with work at the premises, removing a ceiling that contained asbestos insulation board.
“When ADL’s licence expired, the firm should have ceased to carry out any work with asbestos-containing materials that is required by licence. ADL was fully aware of what types of activities are covered and knew perfectly well that it was illegal to undertake the work they did.
“Work with asbestos requires a high degree of regulatory control. It involves working with a category one carcinogen, with asbestos-related diseases causing some 4,500 deaths each year in the UK, as well as many serious illnesses. When this type of work is undertaken by an unlicensed company, HSE has no ability to ensure it is done safely.
“Non-compliance with asbestos-licensing requirements is not acceptable and HSE will continue to enforce the law to protect both workers and members of the public.”
The case was brought by the Health and Safety Executive (HSE) after investigating a complaint that an unlicensed contractor was carrying out asbestos removal work.
The court was told that ADL had possessed a licence to remove asbestos – a known carcinogen – but that this had expired in September 2013. The firm had applied for a renewal of the licence and had been for a renewal interview with HSE on 1 October. However this had resulted in an outright refusal based on inadequate performance.
Asbestos Damage Limitations Ltd, Coleridge Street, Hove, East Sussex, was fined £15,000 and ordered to pay £4,000 in costs after admitting breaching Regulation 8(1) of the Control of Asbestos Regulations 2012.
After the hearing, HSE Inspector Denis Bodger said:
“ADL obviously decided to ignore the fact that its asbestos licence had expired and also that the application to renew had been refused. Instead it carried on regardless and went ahead with work at the premises, removing a ceiling that contained asbestos insulation board.
“When ADL’s licence expired, the firm should have ceased to carry out any work with asbestos-containing materials that is required by licence. ADL was fully aware of what types of activities are covered and knew perfectly well that it was illegal to undertake the work they did.
“Work with asbestos requires a high degree of regulatory control. It involves working with a category one carcinogen, with asbestos-related diseases causing some 4,500 deaths each year in the UK, as well as many serious illnesses. When this type of work is undertaken by an unlicensed company, HSE has no ability to ensure it is done safely.
“Non-compliance with asbestos-licensing requirements is not acceptable and HSE will continue to enforce the law to protect both workers and members of the public.”
No comments:
Post a Comment