Contractor and manufacturing firm fined for allowing exposure to asbestos
A manufacturing company and contractor have been prosecuted after failing to prevent exposure of workers and others to asbestos.
Frank Allan, trading as ‘Jet Blast and Maintenance was contracted to clean premises including an asbestos cement roof at Carter Brothers (Rochdale) Ltd (Carter Brothers Ltd).
Greater Manchester Magistrates’ Court heard that the work to clean the roof was not necessary and had not been agreed in advance with the property’s landlord. An HSE investigation found that the contractor had failed to identify the risks involved with the task and that insufficient measures were put in place to clean a fragile asbestos roof. As a result, asbestos was found in debris around the premises.
The court heard that Carter Brothers Ltd had not selected a suitable contractor and had not suitably supervised their work. It was considered that if the work was required, Carter Brothers Ltd should have employed a specialist contractor with specialist cleaning equipment.
Breaches
Carter Brothers Ltd pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974.
- Section 3(1) requires every employer to ensure that people not in their employment but who may be affected by their actions do not have their health and safety put at risk.
The contractor pleaded guilty to breaching Regulation 6 and Regulation 11 of the Control of Asbestos Regulations 2012.
- Regulation 6 requires that work liable to expose persons to asbestos is not undertaken prior to the completion of a suitable and sufficient assessment of the risks it involves.
- Regulation 11 requires that measures are put in place before work is begun to prevent adequate or reduce the risk of exposure.
Penalty
Carter Brothers Ltd was fined £8000 with £3913.94 costs.
Frank Allan was fined £330 with £3910.94 costs.
Unsafe working at height leads to sentence for scaffolder
A scaffolder has been sentenced after they were found to have been working at height without suitable and sufficient safety measures in place.
The scaffolder had been working in the centre of Manchester when they were observed constructing and working off a scaffold with no edge protection and no harness. The potential fall height was estimated between 13 and 18 metres.
An HSE investigation found that the scaffolder’s employer had taken reasonable steps to enable safe working practices and that the individual was experienced and well trained with access to the correct equipment. The HSE investigation concluded that the scaffolder had been acting alone against their best interest and training. Additionally, the scaffolder was seen to be setting a bad example to a trainee accompanying him at the time.
Breach
The scaffolder pleaded guilty to breaching Section 7(a) of the Health and Safety at Work etc. Act 1974.
- Section 7(a) requires that employees at work take reasonable care for the health and safety of themselves and of other persons who may be affected by his acts or omissions at work.
Penalty
The scaffolder was sentenced to 26 weeks in prison, suspended for one year, and 100 hours of community service alongside costs of £500 and a victim surcharge of £115.
Manufacturer fined after worker suffers life-changing injury
Mekufa (UK) Ltd, a Gloucester-based manufacturing company, has been sentenced after a worker lost his right thumb when his gloved hand got caught on a moving part of a lathe.
An HSE investigation of the incident, which occurred on 11 August 2016, concluded that the risks of working with this machinery were foreseeable but the company had failed to both identify these risks and implement a safe system of work.
Breach
Mekufa (UK) Ltd pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work Act 1974.
- Under Section 2 (1) every employer is required to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.
Penalty
Mekufa (UK) Ltd was fined £14,170 and ordered to pay costs of £2,849.50.
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