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Council fined for asbestos exposure

Past mistakes

Lansdowne Primary in Kent was a school with management issues. In 2013 Ofsted inspectors classified it as “inadequate”, leading to it being put into special measures. In November 2014 it was transferred to the Stour Academy Trust. As the premises was under new management, environmental health officers undertook a food hygiene inspection. It was during this visit that rope was seen hanging from a ceiling.

Asbestos found

A subsequent investigation by the HSE confirmed that it was asbestos rope attached to a redundant asbestos flue pipe. The caretaker had disturbed the items in May 2013 when removing equipment but no one had reported it, probably because neither the caretaker nor the head teacher had been trained in asbestos risks or management. A further opportunity to deal with the disturbed materials was missed in July 2013 when an asbestos survey was conducted in preparation for planned building work. The survey recommended removal of the flue to avoid the risk of accidental damage but this did not take place. As a result of the HSE’s findings the kitchen had to be shut down whilst licensed contractors removed the asbestos-containing materials and cleaned the kitchen.

Paying the price

In court Kent County Council (K) pleaded guilty to breaching the Control of Asbestos Regulations 2012 . It was fined £200,000 and ordered to pay costs of £21,501. The level of fine was half what it could have been due to K’s early guilty plea and the fact the fine would be from the public purse.

Always follow up

During the hearing it emerged that K had received advice from the HSE on asbestos training but had not followed up on it. The recommendations had been made by the HSE during an inspection programme in March 2010, when it was found that asbestos awareness training wasn’t being carried out.

Tip. If you have staff who undertake or oversee maintenance work in buildings which were built prior to 2000, make it compulsory that they attend asbestos awareness training, e.g. via a classroom or online course. Arrange for refresher instruction once per year.

Taking on new premises

The trust which took over the management of the school was kept out of the prosecution because it had only been in control for a matter of days. However, you shouldn’t expect such leniency: you are responsible for asbestos management from the moment you take control of a premises.

Tip. When taking on a new business premises ask for a copy of the asbestos management survey as part of your pre-purchase checks. Be aware that you will need a more detailed Refurbishment and Demolition Survey prior to any construction works (see The next step ).

For a link to HSE guidance on asbestos surveys, visit http://tipsandadvice-healthandsafety.co.uk/download (HS 17.04.04).