The Health and Safety Executive (HSE) has prosecuted Edinburgh Council after 14 workers were potentially exposed to asbestos during the refurbishment of a building.

In April 2007, the workers were refurbishing Castlebrae Community High School and had removed laboratory doors. Alterations to the doors were taking place at the council’s workshop in Murrayburn Road in Edinburgh. The joiners had to cut into the doors, and in doing so disturbed the asbestos core inside.

On Wednesday (11/11/09) at Edinburgh Sheriff Court, City of Edinburgh Council pleaded guilty to breaching the Control of Asbestos Regulations 2006, Regulations 4 (9)(c)(i), 6(1), 11(1)(a) and 7(1). The council was fined £14,000.

The court was told that the council had failed to keep accurate records of the location and condition of asbestos – and did not have suitable procedures in place to inform those working on or near the substance of its presence.

After the hearing, HSE inspector Mike Orr said that the council should have been ’well aware’ of its responsibilities – and its failings ‘were clear’.

‘The risks from asbestos are well known and it is imperative that precautions to manage those risks are put in place,‘ said Mr Orr. ‘The council did not carry out a sufficient risk assessment prior to the work commencing in 2007.’

Although the council had carried out a survey of the premises which identified the asbestos core in the doors, the HSE discovered in its investigation that there was no register on the school site – and the summary provided to workforce was not sufficient to alert them to the danger. 

‘It is important to stress that many buildings – including schools – contain asbestos,’ said Mr Orr. ‘If it remains undisturbed and is in good condition, it should not be a cause for concern.

As this case demonstrates, those most likely to be at risk from asbestos are tradesmen.’

The HSE has recently launched its campaign ‘Asbestos: the hidden killer’ which aims to raise awareness of the risks of asbestos amongst tradesmen – every week, as many as 20 tradesmen die from asbestos-related diseases, including the incurable cancer mesothelioma.

‘This case should serve as a warning to property owners or those who manage buildings, to ensure they have robust arrangements in place to manage the risks from asbestos,’ Mr Orr added.

© 5r1 Claims Limited 2009