A Teesside council has been prosecuted for failing to manage asbestos during clearance work prior to demolition of a property.
The council acquired a Music and Drama Club building and decided to demolish it as part of a regeneration project.
A survey was carried out in April 2010 that identified areas that contained asbestos. And it was ‘usual’ practice to ‘clear and strip’ building before demolition. This task was carried out by 8 workers in the council’s ‘Care for your Area’ teams in May 2010.
The team removed most of the fixtures and fittings such as doors, seating, a kitchen and all the debris and rubble was swept up, transferred to a refuse vehicle and transported to a landfill site for disposal.
But, when a contractor was hired to carry out the removal of the asbestos and demolish the building in July, it was discovered that the earlier work had disturbed the fabric of the building and some items that contained asbestos had already been removed.
Another survey was carried out in August 2010 revealing that asbestos had been disturbed or moved in eight areas and the issue was reported to the Health and Safety Executive (HSE) in October 2010.
The HSE’s investigation found the council had made multiple safety failings. They had failed to make a assessment of the risk created by the asbestos present before work began; no plan of work had been agreed; measures taken to prevent potential exposure were inadequate; workers were not told asbestos was present; workers received no asbestos awareness training; the council failed to ensure those working were competent to do so.
On top of this, the council failed to prevent or reduce the spread of asbestos as workers wore their uniform in the building and travelled home each day with the uniform on. No measure were taken to ensure safe disposal of the debris with a normal refuse vehicle and disposal as municipal waste landfill.
Swain & Co.’s specialist personal injury solicitors say that the Teesside council failed to manage asbestos on numerous occasions and prevent exposure where it was entirely preventable. We are pleased that they council has been prosecuted for their failings to protect workers.
Asbestos-related diseases are account for around 4,000 deaths a year. The symptoms of exposure do not show themselves immediately so the true extent of injury to the workers will be unknown at this time.
If you have been exposed to asbestos through the health and safety breaches of your employer, then you could be entitled to compensation.
Speak to our personal injury lawyers today to discuss the potentials of brining a claim. We can act on a no win no fee basis, and our phone number is free to.
Call us on 0800 0351 999
Why is asbestos exposure dangerous? See here