Essex school fined for disturbing asbestos

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An Essex school has been ordered to pay £46,000 for exposing staff to asbestos…

A school in Chelmsford has been fined a hefty £46,000 after being found guilty of safety failings related to the removal of asbestos.

The case, which was heard at Chelmsford Crown Court, revealed that managers at The Boswells School chose to convert an old boiler room into a cleaning store. The work saw asbestos residue on the wall disturbed. This was subsequently swept up by the caretakers.

The court was told this action by the caretakers only came to light when the asbestos survey was completed.

An investigation from the Health and Safety Executive (HSE) also found asbestos containing materials (ACMs) in other areas of the school. In fact, caretakers and contractors disturbed asbestos in the school buildings over a number of years without being alerted to ACMs.

The school was fined £26,000 and ordered to pay costs of £20,000 after pleading guilty to breaching the Health and Safety at Work etc. Act 1974 – Sections 2(1) & 3(1).

Speaking after the hearing, HSE inspector Glyn Davies said: “The Boswells Academy Trust should have controlled this potentially lethal risk by identifying the type, location and condition of any asbestos-containing-materials within the fabric of the school, and by implementing suitable precautions to prevent its disturbance.

“It should then have ensured that such information was shared with anyone liable to disturb this fabric. It may also have arranged for a licensed asbestos contractor to remove any dangerous asbestos safely before commencement of any work.

“This prosecution should act as a reminder, not just to schools but to all persons in control of the repair and maintenance of non-domestic premises, of the need to ensure that a suitable and sufficient assessment of risk from asbestos is carried out, and that correct control measures are put in place to ensure that exposure to asbestos is prevented, so far as is reasonably practicable.”

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