Public Asbestos Exposure Leads To £90K Fine For Construction Company
29 August 2023
Esskay Construction Ltd has received a £90,000 fine for public asbestos exposure during renovation works in Hanley, Stoke-on-Trent.
On the 31 August 2021, HSE received a concern about asbestos disturbance related to a refurbishment project under the control of the company in Brunswick Street, Hanley.
When attending the site, representatives discovered significant public asbestos exposure due to asbestos-containing debris left at the front of the building and along the public highway.
A competent asbestos survey of the site was not completed before starting refurbishment.
Further investigation by the Health and Safety Executive (HSE) found that Esskay Construction did not appoint a competent refurbishment and demolition asbestos survey before carrying work out on site.
The company allowed refurbishment works to commence without knowing where the affected areas were, resulting in public asbestos exposure.
Esskay Construction Ltd failed to attend court but was found guilty of breaching Regulations 5, 11, and 16 of the Control of Asbestos Regulations 2012. Esskay Construction Ltd was fined £90,000 and ordered to pay costs of £6,009 and a victim surcharge of £190.
Asbestos is known to kill around 20 tradespeople each week.
HSE inspector Will Gretton said: “Asbestos is a class 1 carcinogen which is known to kill around 20 tradesmen each week. Carelessness at this scale, met with a failure to attend court, is unacceptable.
“By failing to take these simple steps, Esskay Construction Ltd put workers and members of the public at risk of being exposed to a substance known to cause fatal illnesses including mesothelioma, lung cancer and asbestosis.”
Refurbishment / demolition survey
The Refurbishment / demolition Survey is required where the premises, or part of it, need upgrading, refurbishment or demolition. The Survey does not need a record of the ACM condition. Normally, a surveyor is needed for Refurbishment / demolition Surveys.
A Refurbishment / demolition Survey aims to ensure that:
- nobody will be harmed by work on ACM in the premises or equipment
- such work will be done by the right contractor in the right way
The Survey must locate and identify all ACM before any structural work begins at a stated location or on stated equipment at the premises. It involves destructive inspection and asbestos disturbance. The area surveyed must be vacated, and certified 'fit for reoccupation' after the survey.
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