Tuesday, May 10, 2011

Contractors fined �20,000 after using Henry vacuum to clean up asbestos

A BUILDING firm which used a Henry vacuum cleaner to clean up asbestos waste has been fined �20,000.

A 96-year-old woman had to throw away most of her possessions after her flat became contaminated due to the renovation work by Abbot and Mason Building and Joinery Contractors Ltd.

The firm also put dozens of members of the public at risk by leaving materials containing asbestos outside the woman's sheltered housing complex in Musters Road, West Bridgford.

Nottingham Magistrates' Court heard that the 96-year-old woman, Ann Jenkins, had since died.

Her daughter Mary Chivers said: "She was very shocked and angry and found it difficult to come to terms with her situation.

"As time went on, she began missing the things she had lost and expressed grief. She was clearly distressed."

Mrs Jenkins' death was not related to asbestos exposure.

It can take decades before those exposed develop mesothelioma, a form of cancer.

Mrs Chivers added: "My family are appalled that this incident had such devastating consequences for my mother. It was entirely preventable, had proper measures been taken."

The Mansfield-based firm was doing work at Mrs Jenkins' flat at Miriam Court in February last year.

The firm's directors, Kevin Abbott and Stephen Mason, with the help of two other staff and a plumber, were removing the bath so that it could be replaced by a walk-in unit.

They needed to remove asbestos insulating boards which had been used to box in pipework. A licence is required to work on these kind of boards, because the material is so crumbly that asbestos fibres can easily spread.

The firm did not have a licence and should have paid a licensed contractor to remove and dispose of the material.

Health and Safety Executive inspector Frances Bailing, prosecuting, accused the firm of putting profit before safety by removing the panels itself.

This was strongly denied by Sundeep Soor, representing the firm in court.

He said the firm had a good reputation and did work for schools, councils and the NHS.

Mr Soor said that the offence was committed because a junior colleague priced up the work from the specification, and Mr Abbott and Mr Mason only realised there was asbestos in the bathroom when they arrived at the flat.

A written plan of work was not prepared, as is required under the Control of Asbestos Regulations 2006.

The asbestos materials were not sealed or wrapped as they should have been, the workers were not wearing protective clothing and carpets were only covered up with dust sheets.

A special vacuum cleaner should be used to clean up asbestos, to prevent the fibres being dispersed, but this did not happen.

The dangerous work was spotted by a warden at the complex, who took Mrs Jenkins to a safe place. The pensioner had been sitting very close to the bathroom.

The eventual clean-up cost more than �27,000, which was paid for by Anchor Housing Trust, Mrs Jenkins' landlord.

Mrs Jenkins had to leave her home while the work was done. She had to throw away about �2,500 of items, including soft furnishings, cuddly toys, all of her clothes, toiletries, towels, her coffee-maker, her bed and mattress. The carpets had to be replaced.

The firm pleaded guilty to five breaches of the Control of Asbestos Regulations 2006.

As well as the fine, it was ordered to pay legal costs of �5,741 and a victim surcharge of �15.



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