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Notes

ASBESTOS MANAGEMENT ‘A PRIORITY IN WORKPLACES’

Employers in the construction sector have been told to carefully monitor and enforce the removal of asbestos, following a recent case in Nottinghamshire.

The case centred around the demolition of the former Vesuvius works in Sandy Lane, Nottinghamshire between 25th March and 22nd August 2008. Yorkshire-based Libra Demolition Ltd was the Principal Contractor on the project.

A number of buildings on the site contained asbestos, the removal of which should be declared to the Health and Safety Executive (HSE) and carried out by a licensed asbestos contractor.

However, during a joint HSE and Environment Agency (EA) prosecution, Worksop Magistrates' Court heard the buildings were demolished but no records of the safe removal or disposal of the asbestos were found.

Libra Demolition failed to notify The HSE of its removal and the discovery came to light only when debris from the Vesuvius site was found at an unlicensed waste disposal site.

"Libra Demolition was the principal contractor for the demolition project and had control of the site. It is completely unacceptable for any firm to disregard its responsibilities in this way," said HSE Inspector, Kevin Wilson.

"The firm neglected to manage and monitor the project so as to ensure the notifiable asbestos was removed safely under licensed conditions by a licensed contractor, and therefore failed in its legal obligations.

Libra Demolition Limited pleaded guilty to breaching Regulation 22(1)(a) of the Construction (Design and Management) Regulations 2007. The company was fined £1,500 and ordered to pay total costs of £10,000. Further charges were brought by the EA.

"The dangers of asbestos are well known and contractors should be aware that HSE will not hesitate to take enforcement action against any firm that ignores the law in this way."

Failure to properly notify the HSE of asbestos related issues can not only result in major financial penalties, but could greatly affect the health of your workforce. Diseases such as mesothelioma, caused by asbestos lining the lungs, are common in the UK and can result in expensive industrial disease cases decades after initial exposure.

If you're unsure of your health and safety obligations as an en employer, seek advice from our experts today and ensure that all dangers are suitably prevented.


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