Lessons Learned: The HSE Fines a Company for Asbestos Failings

The Role of the Health and Safety Executive (HSE)

The HSE is a government agency responsible for regulating and enforcing health and safety laws in the workplace. Their role is to ensure that employers are providing a safe and healthy working environment for their employees. They do this by conducting inspections, investigations, and enforcing the law when necessary. 



The HSE has a duty to investigate accidents, complaints, and concerns raised by employees. They also provide guidance and support to employers to help them comply with health and safety laws. The HSE has the power to issue improvement notices, prohibition notices, and in serious cases, prosecute employers who are found to be in breach of health and safety laws. 

Case Study: Company Fined for Asbestos Failings

In 2020, a company was fined £1 million after exposing workers to asbestos during refurbishment work on a college in London. The HSE found that the company had failed to properly manage the risks of asbestos and had not carried out a suitable and sufficient assessment of the risks before starting work. 

The company had also failed to provide workers with adequate information, instruction, and training on how to work safely with asbestos. The HSE discovered that workers had been using power tools to remove asbestos-containing materials without proper protective equipment, which had exposed them to asbestos fibres. 

The company pleaded guilty to breaching the Control of Asbestos Regulations 2012 and the Health and Safety at Work etc. Act 1974. The fine highlighted the importance of proper asbestos management in the workplace and the consequences of failing to do so. 

Lessons Learned from the Case

The case highlights the importance of proper asbestos management in the workplace. Employers have a legal duty to manage the risks from asbestos, and failure to do so can have serious consequences. Employers should ensure that they have conducted a suitable and sufficient assessment of the risks from asbestos before starting work. This assessment should identify the presence of asbestos, the type of asbestos, and the condition of the asbestos-containing materials. 

Employers should also ensure that they have adequate controls in place to manage the risks from asbestos. This may include measures such as sealing or enclosing asbestos-containing materials, using protective equipment, and ensuring that workers are trained and competent to work with asbestos. Employers should also ensure that workers are provided with adequate information, instruction, and training on how to work safely with asbestos. 

Finally, employers should ensure that they have a robust system in place for monitoring and reviewing their asbestos management arrangements. This will help to ensure that their arrangements remain effective and up to date, and that any changes in the workplace are considered. 

Importance of Asbestos Management in the Workplace

Asbestos is a highly hazardous substance that can cause serious health problems such as lung cancer, mesothelioma, and asbestosis. It was widely used in building materials until it was banned in the UK in November 1999. However, asbestos-containing materials are still present in many buildings, particularly those constructed before 2000. 

Employers have a legal duty to manage the risks from asbestos in their workplace. This includes identifying the presence of asbestos, assessing the risks from asbestos, and putting in place measures to control those risks. Failure to manage the risks from asbestos can result in serious health problems for workers and can also result in legal action being taken against employers. 

The Control of Asbestos Regulations 2012 (CAR 2012)

The Control of Asbestos Regulations 2012 set out the legal requirements for managing the risks from asbestos in the workplace. The regulations require employers to:

• Identify whether asbestos is present in their workplace.

• Assess the risks from asbestos.

• Prepare a written plan to manage the risks from asbestos.

• Implement the plan and monitor its effectiveness.

• Provide information, instruction, and training to workers who may be exposed to asbestos.

The regulations also set out specific requirements for working with asbestos, such as using adequate protective equipment and carrying out work in a way that minimises the release of asbestos fibres. 

How to Comply with Asbestos Management Regulations

To comply with asbestos management regulations, employers and duty holders should:

• Conduct a survey to identify the presence of asbestos in their workplace.

• Assess the risks from asbestos and prepare a written plan to manage those risks.

• Implement the plan and monitor its effectiveness.

• Provide information, instruction, and training to workers who may be exposed to asbestos.

• Ensure that any work involving asbestos is carried out by trained and competent workers using adequate protective equipment.

• Review and update their asbestos management arrangements regularly.

Employers and duty holders should also ensure that they keep records of their asbestos management arrangements and make them available to workers, their representatives, and the HSE if requested. 

Conclusion

The case study of the company fined for asbestos failings highlights the importance of proper asbestos management in the workplace. Employers have a legal duty to manage the risks from asbestos, and failure to do so can have serious consequences. Employers should ensure that they have conducted a suitable and sufficient assessment of the risks from asbestos, have adequate controls in place to manage those risks, and provide workers with adequate information, instruction, and training. 

Complying with asbestos management regulations is essential to protect the health and safety of workers and to ensure that employers are fulfilling their legal obligations. Employers should conduct surveys to identify the presence of asbestos, assess the risks from asbestos, prepare a written plan to manage those risks, and ensure that any work involving asbestos is carried out by trained and competent workers using adequate protective equipment. 

As someone who values safety in the workplace, it is important to understand the legal requirements for managing the risks from asbestos and to ensure that employers are complying with those requirements. By doing so, we can help to protect the health and safety of workers and prevent serious health problems caused by exposure to asbestos.

To find out if you are compliant with the Control of Asbestos Regulations 2012, contact our super friendly team now for your FREE asbestos compliance audit.