Local authority fined for breach of asbestos regulations

Nuneaton and Bedworth Borough Council has been hit with a £5,000 fine after sending an employee to fix a water leak in a housing development without warning him that asbestos was present.

The council was prosecuted by the Health & Safety Executive, which described the incident as a “major failing” in the local authority’s procedures.

The case heard at Nuneaton Magistrates Court involved an employee being sent to accommodation called Craddock Court following a report of a leak. The staff member found the faulty pipe but only after removing an asbestos insulation board ceiling sheet.

Unaware that there was asbestos, he then proceeded to use a hand saw to cut part of the sheet to improve access to the pipe. The employee had no protective clothing while he cut the sheet and stood under the tile while sawing.

Nuneaton pleaded guilty to a breach of regulation 4(9)(c) and Regulation 11(1) of the Control of Asbestos Regulations 2006. The local authority was fined £5,000 and ordered to pay £2,140 in costs.

HSE inspector Mike Ford said: "This case is particularly disappointing as we expect more from local authorities who actually have a duty to enforce the law concerning asbestos, and should be setting a good example.

"The dangers of asbestos are well known in the building industry so for Nuneaton and Bedworth BC not to inform its employee of its presence showed a major failing in the council's procedures at that time. The council had in its possession an asbestos survey for Craddock Court which included the details of the AIB above the first floor corridor.

"It is equally distressing that the work was being carried out in a public area of a sheltered accommodation complex. We can't stress enough how important it is for anyone carrying out building work to obtain the proper asbestos surveys and then act upon them."

Nuneaton and Bedworth Borough Council stressed its good overall safety record at the Magistrates Court hearing. It said that the HSE had acknowledged that the council had made an effective response to the identified problem and greatly improved the way in which it manages the risk posed by asbestos.

Lawyers for Nuneaton and Bedworth said in mitigation that relevant staff had received an appropriate level of asbestos awareness training. The council also employs a specialist company to deliver annual training and refresher sessions, while a system is in place for calling out a licensed asbestos contractor if needed.

The council said it had undertaken a survey to identify the location and condition of asbestos-containing materials at the sheltered housing unit. “The council’s failure was one of failing to communicate the information effectively to its staff,” it claimed.

Dennis Harvey, Leader of Nuneaton and Bedworth, said: “At all times the council has aimed for only the highest standards of workmanship and health and safety management and this has been accepted by the Health and Safety Executive. It is a matter of deep disappointment to discover that, on this occasion, the careful work carried out to identify the problem was not reflected in the task that was then carried out.”