HSE v. Mansell Construction Services Ltd & Woodlands Plant Hire Ltd
Tuckers successfully prosecuted a plant hire company and a construction services firm on behalf of HSE following the exposure of employees and members of the public to asbestos.
An investigation by the Health and Safety Executive (HSE) found Mansell Construction Services Ltd of Croydon and sub-contractor Woodlands Plant Hire Ltd of Ickleton, South Cambridgeshire, put workers and the public at risk by failing to properly manage the presence of asbestos during the refurbishment of a residential block of flats, between 24 November and 8 December 2009.
During the work in an occupied London Borough of Hackney block of flats, asbestos insulation board was disturbed and removed by unlicensed contractor, Woodlands Plant Hire Ltd, potentially releasing the deadly substance into the air.
A previous survey, identifying the presence of asbestos insulation board in a number of the properties, had been provided to Mansell, but had not been acted upon or passed to their sub-contractors.
Mansell Construction Services Ltd pleaded guilty and was fined £50,000 at the Old Bailey for breaching Regulation 22(1)(a) Construction (Design and Management) Regulations 2007.
Woodlands Plant Hire Ltd pleaded guilty of breaching regulations 5, 8(1) and 11(a) of the Control of Asbestos Regulations 2006, and was fined £50,000. The companies were ordered to pay joint costs of £20,690.
HSE Inspector Dominic Ellis said:
“Despite recent high profile campaigns on the dangers of working with asbestos, this case sadly illustrates some companies are still failing to manage the risks robustly.
“Mansell had information that asbestos was present, yet neglected to act on it, meaning a licensable asbestos material was removed in an uncontrolled manner, needlessly risking the health of contractors and members of the public.”
Asbestos-related diseases are responsible for around 4,000 deaths a year. Working on or near damaged asbestos-containing materials or breathing in high levels of asbestos fibres, which may be many hundreds of times that of environmental levels, could increase your chances of getting an asbestos-related disease.