An investigation was launched into the activities of Exova (UK) Limited following a complaint the company had not dealt with damaged asbestos at its site at The Grubb Parsons Building on Shields Road, Newcastle, despite being recommended to do so on two previous occasions.
Newcastle Magistrates’ Court heard the company’s own accredited asbestos testing branch carried out a survey of the premises on 3 October 2008. Damaged asbestos was identified by this branch in two separate areas of the site and the survey stated the damaged asbestos should be removed, repaired or sealed off.
A further survey was completed in February 2010 and again stated the previously identified damaged asbestos was still there and repeated its earlier recommendation.
HSE inspector Andrew Woodhall visited the site on 15 July 2010 and found the recommendations of the two earlier surveys had still not been implemented and employees were continuing to access and work in areas where damaged asbestos was present. He then instigated enforcement action.
Exova (UK) Limited, of Lochend Industrial Estate, Queen Anne Drive, Newbridge, Midlothian, was fined a total of £36,000 (£12,000 for each offence) and ordered to pay £8,000 costs after it pleaded guilty to three breaches of the Control of Asbestos Regulations 2006.
After the case, HSE inspector Andrew Woodhall said: “Exova (UK) Limited used its own internal, industry-accredited asbestos testing company to undertake surveys, but then failed to take the recommended action despite knowing their employees worked in at-risk areas.
“Anyone who is responsible for non-domestic premises such as factories must take reasonable steps to find if there are materials containing asbestos in their premises and, if so, where it is and what condition it is in.
“They’re then required to assess that risk, taking into account the current condition, the likelihood of deterioration or damage and who could be exposed to asbestos fibres. They should then prepare a plan on how they will manage the risks and take the necessary steps to put those plans into action.
“Exova failed to take the majority of these steps and needlessly and inexplicably chose to put its employees at risk.”
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