Head Of Training, The Healthy Work Company

June 10, 2015

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Marden Homes fined £50,000 for asbestos failings

A construction firm has been fined after exposing workers to potentially deadly asbestos fibres during the conversion of an office block into residential flats in Witham, Essex. Marden Homes Ltd had not arranged for a Refurbishment and Demolition Asbestos Survey to be available to site workers, and one worker had not received any training to enable him to identify asbestos containing materials.

In July 2012, the company was commissioned to convert an office block into residential flats, this involved removing a disused boiler and its pipes from the building’s former Plant Room.

During the refurbishment work, employees of Marden Homes Ltd disturbed pipe lagging which contained asbestos fibres.

HSE prosecuted Marden Homes Ltd at Chelmsford Magistrates Court after finding the company had not arranged for a Refurbishment and Demolition Asbestos Survey to be available to the workers on site, therefore employees were unable to identify the presence of asbestos before removing the disused boiler and associated pipework and potentially exposed themselves, and other workers, to asbestos fibres.

The court heard how the company had, in 2013, received advice from HSE regarding the need for a refurbishment and demolition asbestos survey to be carried out prior to work liable to disturb asbestos taking place. The company also received an Improvement Notice requiring them to provide their employees with asbestos awareness training.

Marden Homes Ltd of 275 Prince Avenue, Westcliff on Sea, Essex was fined £50,000 with costs of £1,413 after pleading guilty to three breaches of the Control of Asbestos Regulations 2012.

Speaking after the hearing, HSE inspector David King said: “Exposure to asbestos fibres is a serious and well known health risk, so it is essential that duty-holders take suitable and sufficient measures to prevent the disturbance, spread and exposure to asbestos.

“Guidance on managing the risks of asbestos is widely and freely available. Asbestos has been subject to regulations since 1931 and relevant to the construction industry since 1969.

“Therefore failing to take action to identify the location and type of asbestos present during planning of the work, not communicating that information to workers/contractors who may disturb the asbestos and then not taking appropriate measures to protect the health of those exposed is absolutely inexcusable.”

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