Sherborne School in Dorset has been fined £60,000 with £13,000 costs for failure to manage the risk from exposure to asbestos fibres and for failings under the CDM Regulations 2007.
(Note: both contractors and designers have a duty to inform the client of their duty to appoint a competent CDM Coordinator for all projects lasting more than 30 days or 500 person days, however, ignorance of the law provides no defence for the client).
The school and a construction company director were both prosecuted after exposing several people to asbestos and for failing to appoint a Construction Design Management Coordinator (CDMC) on a refurbishment project. Both building contractors and a teenage work experience student were exposed to asbestos fibres after insulation boards were removed in an unsafe way largely from inadequate planning from as far back as the initial design phases in 2009 which resulted in a complete failure to carry out an appropriate asbestos survey.
All of this was despite the fact that asbestos had been previously identified and removed from other parts of the l and an asbestos register being available.
The court heard that despite the project, despite being large enough to require a CDMC, had not had one appointed. A competent CDM Coordinator would have ensured a full demolition asbestos survey (type 3) was carried out before works had commenced.
Sherborne School was found guilty of breaching Regulation 4(8) of the Control of Asbestos Regulations 2006 and Regulation 14 of the Construction (Design and Management) Regulations 2007 and was fined a total of £60,000 and ordered to pay £13,000 in costs.
Peter Eldridge, the construction company director, was found guilty of breaching Section 37 of the Health and Safety at Work etc. Act for his neglect as an individual director. He was also found guilty of breaching Regulations 11(3) and 18(1) of the Construction (Design and Management) Regulations 2007. He was fined a total of £16,000 in fines and costs.
Speaking after the prosecution, HSE Inspector Joanna Teasdale, said:
“Both Peter Eldridge and Sherborne School knew about the risks posed by the presence of asbestos in the school buildings, and yet they failed to manage the risk of exposure to asbestos fibres during the refurbishment project. As a result several people, including at least one teenager, were put at unnecessary risk. In being exposed to asbestos fibres they could develop a serious and potentially fatal illness.
“Although Sherborne School was the client, it still had a duty to manage the control of asbestos on its site, and to be aware of the requirements of removing asbestos safely. This incident and the risk to those involved could have been easily avoided if competent people had been engaged during the planning of the refurbishment project to advise the school, such as a CDM coordinator.”
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