Danger dust: firm in court

Posted on June 18, 2010 with 3 Comments

ThisisOxfordshire reported that THIRTY-ONE people could have been exposed to asbestos because a company broke health and safety laws, a court heard.

Interserve Defence Ltd, based at the Defence Storage and Distribution Centre, Arncott, has admitted three charges of failing to comply with the control of asbestos at work regulation between May 2005 and September 2006.

Banbury Magistrates’ Court heard the firm was employed by the MoD to manage and maintain the DSDA site. A review of the premises carried out in 2005 showed there was asbestos in six areas in a boiler room, known as Room 101, which should have been repaired or removed by a specialist firm.

Prosecuting, Michael Veal, said: “Access to the boiler room was restricted to maintenance personnel but the door was not locked. “You would expect the boiler room closed down and access restricted until the asbestos was removed by a specialist company.

“Staff and contractors undertook work within the boiler room. While they knew asbestos to be present, they believed there was only a problem if works were liable to disturb asbestos, so no respiratory protection was worn. There were 13 employees and 18 sub- contractors who had access to the boiler room at the material time.

“The defendants acknowledge they failed to produce an asbestos plan, failed to identify the risks for workers from asbestos and failed to restrict exposure to workers in the boiler room. “Whatever the risk or chance, those exposed may not know for years if they have been adversely affected.”

Matthew Lee, of the Health and Safety Executive, told the hearing on Friday that a sub-contractor who had concerns about asbestos management at the site contacted the HSE and an investigation was launched.

Defending, Geoffrey Brown said Interserve bosses initially believed asbestos was looked after by the MoD. He said: “While there was no proper asbestos management plan there should have been a specific plan and there wasn’t.”

Mr Brown said no actual repair work was done in the boiler room other than routine checking of panels. He said: “The defendants say whilst there was a risk, they would invite you to take the view the risk of actual injury is relatively remote.

“That’s because work was not done on the asbestos. “If you carry out work on asbestos, you disturb fibres and that is released into the atmosphere and breathed in.”

Chairman of the magistrates David Charlton sent the case to Oxford Crown Court for sentence. A hearing is due to take place on July 9, starting at 10am.

He said: “We feel in hearing representation from both the prosecution and defence that there were serious failings in the system of management on the site and high incompetence of those involved. “We believe because of the sums involved and the risk to health, our powers of sentence in this case for those three offences are insufficient.”

We are arranging a series of informal Asbestos focused question and answers sessions at Spectra Analysis’ offices in Basildon

These sessions are planned to be about one hour long and are free to attend.

The next session will be held at 9am on the 2nd July and then we will hold the rest on the first Friday of every month in August and September. 

Light refreshments will be available, so come along and pick our teams brains in a relaxed environment. We are on hand to talk about becoming fully compliant with the new asbestos guidance HSG264 for Dutyholders. 

Places are extremely limited and will be issued on a first come, first served basis. So please don’t miss out on this great opportunity to expand your knowledge of Asbestos. Please contact Angela Chouaib on 07825 369 381 to book your space today!

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