County council fined £200k over disturbance of asbestos at primary school
Kent County Council has been fined £200,000 after asbestos was disturbed at a primary school.
Canterbury Crown Court heard how, on 6 November 2014, an environmental health officer was carrying out a routine food inspection when they noticed what looked like asbestos rope hanging from the ceiling.
A prohibition notice was served on the now independent educational trust.
An investigation found that the asbestos flue and rope were disturbed when it was under the control of the county council 18 months beforehand.
The Health and Safety Executive found that the flue and gasket rope were attached to a steriliser unit that was removed by the caretaker.
Its investigation also found that neither the caretaker nor the head teacher had any asbestos management or awareness training.
It argued that the council had failed to effectively to prevent exposure and failed to provide suitable training to those liable to be exposed to asbestos.
The county council pleaded guilty to breaching Regulation 10 (1) of the Control of Asbestos Regulations 2012 and was fined £200,000 and ordered to pay costs of £21,500.
HSE inspector Kevin Golding said: “The council had implemented a system, but they had failed to take the simple step of checking to ensure it was being rigorously adhered to, resulting in employees not receiving the appropriate training.
“Organisations should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
A Kent County Council spokesman said: “This is an example of an isolated incident in which the robust asbestos management system that KCC employs in all its schools and properties was not followed at a particular school.
“Kent County Council places the utmost importance on the health, safety and welfare of its staff and of Kent residents but accepts on this occasion we fell short of the standard required as reflected in our guilty plea."
The spokesman added: “We would like to offer reassurance that KCC operates a vigorous asbestos management policy and process across its property portfolio, including the school sector.
“Senior management and elected members at KCC have taken this matter extremely seriously throughout these proceedings and we are committed to ensuring that lessons are learned from this case and that any necessary changes are implemented within the council.
“We would also like to reassure parents and staff at this school that both the judge and the prosecution agreed that the risk level posed by the exposure of asbestos in this instance was low, and that no pupils were put at risk.
“KCC is confident of meeting its legal duties under the Health and Safety at Work etc Act 1974 and associated regulations, whilst continuing to deliver the services needed by its residents.”
