Macclesfield News - written by local people

Elizabeth Fountaine with a copy of the asbestos leaflet

A Wilmslow company has been fined £6000 after pleading guilty to three offences of failing to manage asbestos. Macclesfield Borough Council brought the prosecution against Freedom Finance at Macclesfield Magistrates Court.

An employee of the company, based at Brook House, Church Road, complained in June 2007 to the Council that he might have been exposed to damaged asbestos while at work.  It happened after an insurance company survey found the substance in the boiler room and lift motor room at Brook House. The Court heard that Freedom Finance had arranged for the asbestos surveys to be carried out in April and June 2007, some three years later than it should have done, following a request from their insurers. A subsequent investigation by Macclesfield Borough Council found that a number of employees had been exposed to asbestos.  

Freedom Finance pleaded guilty to three offences and were fined although the severity was reduced owing to an early guilty plea:
Regulation 3(1) Management of Health and Safety at Work Regulations 1999 - £1000.00;
Regulation 4(3) Control of Asbestos Regulations 2006  - £1000
Section 2 Health and Safety at Work Act 1974 - £4000.00.  Council costs were also awarded  of £1,193.64.
The former landlord of the premises received a caution under the Control of Asbestos Regulations 2006.
 

The duty to manage asbestos placed on the duty holders came into force in May 2004.  The responsibility includes:  taking reasonable steps to determine the location and condition of materials likely to contain asbestos (this process is usually done by the completion of an asbestos survey); presume materials contain asbestos unless there is strong evidence that they do not; make and keep an up to date record of the location and condition of the substance or  presumed substance; assess the risk of the likelihood of anyone being exposed to fibres from these materials; prepare a plan setting out how the risks from the materials are to be managed, take the necessary steps to put the plan into action; review and monitor the plan periodically and provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.

Elizabeth Fountaine, Environmental Health Officer, says: “Freedom Finance was identified by the Council as a duty holder in respect of the Control of Asbestos Regulations 2006.

“The case should send out a warning to employers that they will be prosecuted if they don’t take the issue of asbestos seriously. Breathing in air containing asbestos dust can lead to asbestos-related diseases. These are mainly cancers of the chest and lungs and are currently killing an estimated 3000 people a year in Great Britain.”

Further details about the responsibilities of the duty to manage asbestos can be found in a leaflet available from 01625 500500, or from the Health and Safety Executive website.