Prosecution of contractors after killer substance released at primary school

A Somerset building contractor has been fined after the unlicensed removal of asbestos at a primary school.

After a successful prosecution, The Health and Safety Executive (HSE) is highlighting the need to make sure that licensed asbestos contractors are used on school construction projects.

The prosecution relates to a period of refurbishment work which took place between 16 July and 13 August 2007 at Westonzoyland Primary School in Somerset, in which asbestos contamination occurred when firebreaks were removed incorrectly by unlicensed building contractors.

Dave Lee Limited of Monmouth Road, Westonzoyland, pleaded guilty to breaching Regulation 5 and Regulation 11 (1) of the Control of Asbestos Regulations 2006 and was fined a total of £1,100 and ordered to pay costs of £500.

The company was subcontracted by the school to carry out refurbishment work during school summer holidays in 2007. The work included the removal of asbestos, which was not correctly identified. This left the contractor’s employees and school staff at risk by its disturbance. The killer substance was cleared before children returned to the school.

HSE inspector Sue Adsett, said: “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.

“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.”