A construction contractor has received a fine for removing asbestos from a school in Somerset without possessing a license permitting it to carry out such removal work.
Taunton Crown Court heard how the unlicensed contractor removed the deadly substance from firebreaks, causing contamination, an act in breach of Regulation 5 and Regulation 11 (1) of the Control of Asbestos Regulations 2006.
Fortunately, as the work was carried out during the school holiday period it is unlikely any teachers or students will ever need to make no win, no fee claims relating to the breach.
However, HSE inspector Sue Adsett's comments suggested that it is not inconceivable that the workmen involved in the removal might one day have to make industrial disease compensation claims. "It was very fortunate that in this particular case, the Local Education Authority was able to remove the risk to schoolchildren and staff before they returned to school - although, of course, the workman involved in the initial refurbishment work were exposed to significant risk," she said.The inspector added, "This case highlights the need to use licensed asbestos contractors, rather than general builders, when removing asbestos products, and the need to ensure that professional and competent project managers are in place to oversee the work. Just as importantly, this case also emphasises the need for the contractors themselves to ensure that they are appropriately licensed to carry out the work and that there are serious penalties for not doing so."
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