An asbestos removal supervisor has been fined and sentenced for exposing his team members to deadly asbestos fibres.
Alan Burdett was a supervisor for Asbestos Decontamination Services Limited in Birmingham and was engaged in large scale asbestos ceiling removal of Raleigh House in Stockport. Mr Burdett led a team during licensed asbestos removal works on a day-to-day basis.
HSE’s investigation
The Health and Safety Executive (HSE) is a U.K. non-departmental public body. Among other responsibilities, they’re tasked with monitoring a business or organisation, and investigating accidents and reported cases of occupation health issues.
The HSE undertook an investigation into Mr Burdett after claims were received that the supervisor was allowing employees into sealed asbestos enclosures. The enclosures are sealed and designed to keep dangerous fibres from escaping and contaminating people or other areas. Mr Burdett allowed his workers to enter the enclosure without protective clothing or face masks.
Deadly risk
Many buildings in the U.K. contain asbestos. Asbestos is classified as a category 1 human carcinogen; a substance or radiation that is a direct cause of cancer. Under health and safety regulations, they should be controlled to a level that is as low as is reasonably practicable (ALARP).
Facts and figures
According to the HSE, asbestos kills around 5,000 employees annually. This figure is more than the number of people killed on the road. Around 20 tradesmen are killed each week as a result of past exposure.
Many believe that asbestos is something that was just a huge problem in the past. However, it’s still a present issue. Any buildings built or refurbished before the year 2000 have a risk of containing deadly asbestos fibres.
Asbestos and related-diseases usually won’t affect an individual immediately. Normally, it can take years or even decades to develop, but once they’ve been diagnosed, it’s often too late. Therefore, Mr Burdett has put the workers at a massive risk of developing asbestos-related diseases.
The high risks associated with asbestos is highlighted and regulated in the Control of Asbestos Regulations 2012 (CAR). The removal of asbestos should be strictly controlled using dust suppression techniques to decrease fibre release. The prevention of the spread of asbestos fibres is accomplished by using temporary ventilated enclosures.
Mr Burdett’s violation
Mr Burdett violated the regulation by allowing the workers to enter the enclosure. The supervisor had been filmed allowing them to enter without protective clothing or masks.
As well as exposing the workers to the asbestos fibres, opening the enclosure could’ve potentially allowed the release of the deadly fibres into the rest of the building, and there were no controls to prevent the exposure.
Mr Burdett pleaded guilty at Manchester Magistrates Court to breaching section 7 of the Health and Safety at Work etc. Act (HASAW) 1974. The Act is a main piece of U.K. health and safety legislation. There is a duty on employers “to ensure, so far as is reasonably practicable, the health, safety and welfare at work” of all their employees.
HSE inspector, Matt Greenly, noted that:
“Alan Burdett totally failed in his duty to protect himself and his workers from a foreseeable risk of serious harm from asbestos fibres.”
Mr Greenly continued to say that:
“…although he was qualified and experienced he chose to completely ignore the risks from asbestos and in doing so has exposed several people to a risk of developing a deadly disease at some point in the future.”
Punishment and penalty imposed
As a result of breaching the HASAW, Mr Burdett was sentenced to six months imprisonment, fined £1,500 and was ordered to pay costs of the other side of £3,518.13.
Let this be a strong warning to other supervisors/employers; if you wilfully/negligently expose your workers to a huge health and safety risk, expect dire consequences.
If you want to learn more about making an asbestos compensation claim then you can contact The Injury Lawyers by filling out our form below or by calling us free from a landline or mobile on 0800 634 7575.
