The HSE is dedicated to reducing the impact of asbestos and dust on future generations' health.
Annual statistics released by the Health and Safety Executive (HSE) show that past occupational exposures to dust and fume are responsible in whole or in part for 12,000 premature deaths each year in the UK.In two separate prosecutions, the HSE have demonstrated a desire to reduce the impact upon future generations.
The first prosecution centered on a 16 year old employed by P. Turnbull Joinery and Building Services Limited, who in turn had been hired by Alt Berg Holdings Limited to undertake demolition and refurbishment work to a number of properties. The 16 year old worker was required to break up cement sheets containing asbestos and place these into a skip.
Alt Berg were fined £6,000 plus costs for failing to undertake any asbestos refurbishment and demolition survey whilst P Turnbull were found to have breached Regulation 2(i) of the Health and Safety at Work Act 1974 for failing to assess the work and failing to prevent the worker from being exposed to asbestos. Turnbulls were fined £2,000 and costs.
Separately, Esken Renewables Limited of Port Clarence, Middlesbrough, were the subject of a site visit from the Health and Safety Executive in April 2022 to investigate alleged external dust exposures. During their visit, the HSE found several failings on the part of the company. These centered upon the operation of processes which did not minimise the emission and release of wood dust through either local exhaust ventilation or enclosures and cleaning methods which utilised compressed air as opposed to vacuum cleaning.
The court found that the company had failed in its duty to control dust exposure to a level as low as was reasonably practicable and were therefore in breach of Regulation 7(i) of the Control of Substances Hazardous to Health Regulations (COSHH). The company was fined a total of £160,000 plus costs.
Peter first joined Weightmans in 2009, having qualified as a solicitor in 2004. Peter has specialised exclusively in industrial disease claims since qualification. Peter’s caseload predominantly covers higher-value disease matters. He specialises in asbestos matters for mesothelioma, lung cancer, asbestosis and pleural thickening.
Jim has been with Weightmans since 1993 joining from Zurich (Eagle Star) where he was employed between 1985 and 1993. Jim specialises in occupational disease cases with particular interest in respiratory disease, work related upper limb disorders and noise induced hearing loss claims.
For further information, please contact our occupational disease solicitors.
