Contractors Simons Construction Ltd hired Rilmac Insulation Ltd to carry out an asbestos survey for them before work began on Martin Roth ward at St Mary’s Hospital, Kettering. The survey identified an asbestos coating on the underside of the ceilings, but missed over 200 sq metres of asbestos insulation board (AIB) above.
Northampton Magistrates' Court was told that when two workers contracted to Simons were told to knock holes in the ceilings on 17 December 2009, they were not told it contained asbestos and they disturbed both layers.
Their masks were not the correct type, they were not wearing protective overalls and they were not working in a way that would minimise and contain the release of fibres. Asbestos material landed on their clothes, which they wore for the rest of the day increasing their chances of contamination.
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The court heard the workers unwittingly increased the risk to themselves when they swept up the debris and left it in a pile on the floor. It was only discovered when a company contracted to remove the ceilings came onto the ward in January 2010 and recognised the material. A licensed asbestos removal company then spent several weeks removing the ceilings.
An investigation by the Health and Safety Executive (HSE) found that the fully qualified surveyor from Rilmac Insulation Ltd had identified asbestos on the underside of the plasterboard ceiling, which did not need to be removed by licensed contractors, but had failed to identify the layer of AIB above it, which did.
HSE also found the two men carrying out the work for Simons had not been trained to recognise asbestos containing materials or how to work safely with it.
Simons Construction Ltd, of Doddington Road, Lincoln, and Rilmac Insulation Ltd, of Crofton Drive, Allenby Road Industrial Estate, Lincoln, both pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 at Northampton Magistrates’ Court.
Simons Construction Ltd was fined £5,000 and ordered to pay costs of £2,911 while Rilmac Insulation Ltd was fined £3,500 with costs of £2,911.
(CD)
