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Dust and Air Monitoring Temperature Instrumentation

Sub-contractor and building owner found guilty after breach of safety regulations

CEL 712 Microdust Pro From Casella

CEL 712
Microdust Pro
From Casella

An HSE inspection recorded various failings and errors in the refurbishment of premises which has resulted in the sub-contractor and building owner facing prosecution.

The catalogue of failings started with the unsafe removal of asbestos. This initially roused suspicion with the public and a complaint was made regarding asbestos-containing material which had been removed and stored in the basement.
A considerable area of the building was found by the HSE to be contaminated with asbestos and 27 tonnes of the material was removed by a licensed asbestos removal contractor.

When further inspection of the building had been carried out it was found that workers involved in the refurbishment of the building were actually residing in the building, which resulted in one of them contracting Legionnaire’s disease.
On the 29th of January 2010, a Direction to Leave Undisturbed was issued by the HSE against the building owner, Optima (Cambridge) and also a Prohibition Notice which halted all work.

The CEL-712 Microdust Pro is an example of an instrument which could be used in aiding the removal of asbestos. The instrument is ideal for the real-time detection of airborne dusts, fumes and aerosols and if used by the workers may have indicated how dangerous the asbestos present in the building actually was.

Had the contractor carried out further safety checks, they may have discovered the workers were at danger of contracting Legionnaire’s disease. ETI’s Legionnaire’s Thermometer Kit could have been used as part of a risk assessment to adhere to the Approved Code of Practice (HSE) which extends the scope of its guidance on control of legionella bacteria in water.

Other failings found in the premises included no risk assessments, such as fire safety, evacuation procedures or adequate escape routes with proper signage, no emergency lighting, inadequate fire alarm and detection systems, and also inadequate coverage of holes in flooring.

ETI Legionnaires' Thermometer Kit

ETI Legionnaires' Thermometer Kit

A further three prohibition notices were given to Optima (Cambridge) and two for Dominik Jaslowski (the sub-contractor) and both were eventually fined and jailed, respectively.

Optima (Cambridge) pleaded guilty to breaching five regulations and safety acts which included Regulation 6(1) and 8(1) of the Control of Asbestos Regulations 2006, for failing to carry out a risk assessment and failing to hold a license to remove asbestos. They were fined £63,000 and ordered to pay costs of £16,000.

Dominik Jaslowski also pleaded guilty to breaching two regulations and on Thursday 28 March 2013 was given a three month prison sentence (suspended for 12 months) for his offences, as well as 200 hours unpaid community service and ordered to pay costs of £3,500.

HSE inspector David Brassington commented after the hearing, saying: ‘Asbestos is the single greatest cause of work-related deaths in the UK, accounting for around 4500 fatalities a year. Building owners and contractors have a duty to ensure they protect their workers from risk of exposure. Optima (Cambridge) Ltd failed in that duty by showing a shocking disregard for the dangers of this hidden killer.’

‘Buildings undergoing refurbishment should not be used for overnight accommodation. Duty holders should assess the risks of legionella from hot and cold water systems within buildings undergoing refurbishment and ensure these risks are managed.’

This case highlights the various dangers caused by failing to have the correct safety procedures in place and the right equipment. Both products mentioned above can be purchased through the Frontline Safety website or if you require more information please contact us on [email protected].

Written by Dawn Mitchell

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