A building firm has been fined following the unlicensed removal of asbestos from a primary school in Somerset. Taunton Crown Court heard that Dave Lee Ltd had been contracted to carry out refurbishment works at Westonzoyland Primary School during the 2007 summer break. The work had been commissioned in order to change the layout of classrooms and provide more space for teaching.

Work began on 18 July, and two builders from the firm began to remove internal walls and doors. During this process the workmen damaged some overhead firebreaks, which contained asbestos, and sought the advice of the head teacher to see if he was aware that asbestos was present in the ceilings.

The head teacher contacted Somerset County Council, and subsequently informed the builders that it was safe for them to continue work, providing no more asbestos was disturbed. The refurbishment continued until 13 August, when an environmental health officer (EHO) from the council visited the site on an unrelated matter and discovered broken pieces of asbestos boarding.

The EHO instructed the builders to stop working and arranged for a licensed asbestos removal firm to dispose of the boarding. The clean-up operation cost the council approximately £190,000.

Inspectors from the HSE were called out to visit the site and issued an Improvement Notice against Dave Lee Ltd, which ordered it to attend asbestos awareness training.

The firm appeared in court on 8 May and pleaded guilty to breaching reg.5 and reg.11 of the Control of Asbestos Regulations 2006. It was fined £1100 and ordered to pay £500 in costs.

In mitigation, the company said it had no previous convictions and entered an early guilty plea. It also fully complied with the terms of the Improvement Notice and expressed remorse for exposing employees to a hazardous substance.

HSE inspector Sue Adsett said: “It was very fortunate that, in this particular case, the Local Education Authority was able to remove the risk to schoolchildren and staff before they returned to school ¬– although, of course, the workmen involved in the initial refurbishment work were exposed to significant risk.

“This case highlights the need to use licensed asbestos contractors, rather than general builders, when removing asbestos products, and the need to ensure that professional and competent project managers are in place to oversee the work. Just as importantly, this case also emphasises the need for the contractors themselves to ensure that they are appropriately licensed to carry out the work, and that there are serious penalties for not doing so.”

story from Safety & Health Practitioner (SHP)

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