Health and Safety Failings – Trust and contractor fined over asbestos

Trust and contractor fined over asbestos

Key Facts

• A charitable trust hired a contractor to carry out refurbishment works
• Both parties failed to ensure safe work with asbestos
• They were fined a total of £27,000 plus costs of £25,000

The Case

An HSE investigation was launched after concerns were raised about the treatment of asbestos issues by a charitable trust.

The Trust, who are responsible for running a school academy, had hired a contractor to carry our refurbishment works at one of their building blocks in July 2012.

An asbestos survey had been carried out, and the trust was in possession of an asbestos register to identify its locations within the building. However, the refurbishment work was carried out by the contractor without consulting the asbestos register.

The trust also failed to complete a refurbishment and demolition survey and failed to ensure that important asbestos information was communicated to the contractor in order to ensure the work was carried out safely.

The case was heard at Chatham Magistrates’ Court on 6 Jan 2016 where the Trust pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. They were subsequently fined £18,000 plus costs of £17,000. The contractor pleaded guilty to breaching Regulation 13(2) of the Construction (Design and Management) Regulations 2007. They were fined £9,000 plus costs of £8,000.

What the law states:

Section 3(1) of the Health and Safety at Work etc. Act 1974 states

‘It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.’

Regulation 13(2) of the Construction (Design and Management) Regulations 2007 states

‘Every contractor shall plan, manage and monitor construction work carried out by him or under his control in a way which ensures that, so far as is reasonably practicable, it is carried out without risks to health and safety.’

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