The owner of a refurbishment company has appeared in front of magistrates for failing to provide employees with asbestos awareness training.
Neil Brown, trading as High View Services, was contracted by North Tyneside Council to make repairs during the refurbishment of a council house in Killingworth in January 2009. An upgraded heating system had been installed at the property and Brown’s firm was repairing surfaces that had been damaged during the installation.
On 6 January 2009, a council employee identified asbestos materials in debris, which had been placed in a wheelie bin outside the property. The HSE was notified and its investigation found that Brown had failed to provide asbestos awareness training for any of his employees who were working inside the property.
HSE inspector Graham Watson told SHP that it was foreseeable that the workers might come across asbestos and Brown should have equipped his employees to recognise the dangers. He said: “Any employer who conducts work, which may result in their employees coming into contact with asbestos, must make sure they receive adequate information, instruction and training to help control not just the risks to themselves but others who may also be exposed.”
Brown appeared at North Tyneside Magistrates’ Court on 5 November and pleaded guilty to breaching reg. 10(1)(a) of the Control of Asbestos Regulations 2006, for failing to provide employees with asbestos awareness training. Owing to his lack of means, magistrates fined him £360 and ordered him to pay the same amount towards costs.
In mitigation, Brown said he had no previous convictions and entered an early guilty plea. He claimed he was not aware that he was legally required to provide asbestos awareness training for his employees, but he has subsequently done so.
Inspector Watson concluded: “Anyone conducting refurbishment work in such buildings, where they are likely to disturb the fabric of the building, must therefore make sure that their employees are properly trained. This includes not only making sure there are arrangements for training new employees but also providing regular refresher training.”
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Also, surely the Council were responsible for providing H & S Hazard information to the contractor. Why weren’t they brought to book? In my experience, ACMs are the least of your worries when planning to work in Council tenented properties!!!
Whilst I agree with the HSE point of view with regards awareness training, what about the duty on the owner / manager of the premises with regards provision of information relating to the duty to have the premises surveyed and ensuring that they pass such information on. Additionally appointing only appoint competent contractors and checking training would also have avoided this?
Surly this is where the prosecution should commence and then filter down?
What about the council does it not have a duty to check who it employs and to review the working practices and also to provide such information to the contractor?
I would consider the council to have failed in its duty to a greater extent then the sub contractor after all if the proper vetting procedure was followed then the omissions would have been discovered before any work was undertaken
Fine what fine, he saved himself money not getting his men trained, a breach of a regulation should have a minimum fine limit.
These are the stories that frustrate people in the safety field. Some of the smaller contractors will look at the fine and take heart that breaching asbestos legislation dosent seem that bad. Realistically I cant see what message this will send out other than, plead poverty and you will only get a slap on the wrist.
What about a new employee, or a labour only subcontractor, that is working with, and assisting a fully trained operative – do they need the asbestos awareness training too?