hse enforcement schools - asbestos in schools · 1 hse enforcement schools for infringements of the...

1

HSE Enforcement Schools

For Infringements of the Asbestos Regulations

Michael Lees30th March 2014

2

Contents General summary A summary of the four rounds of HSE inspections. Page 5 Annex 1. Tables of the Improvement Notices from the rounds of inspections. Page 14 Annex 2. A list of Prohibition and Improvement notices. Page 26 Annex 3. A list of Prosecutions Page 32 Annex 4. Prohibition and Improvement notices with the breaches of regulations. Page 83

General SummaryHSE guidance states “If you don’t manage the asbestos-containing materials in your premises, youcould be putting your employees’ and other people’s health at risk.”1

The following is a summary of enforcement action carried out in schools since December 2005 forfailures in asbestos management. It includes HSE prosecutions and improvement notices issued toschools and colleges.

In the last five years there have been at least 14 successful prosecutions where asbestosmanagement has failed in schools and colleges causing damage to asbestos and the exposures ofpeople including children, school staff and contractors. The prosecutions have been taken followingHSE inspections that have taken place because of serious asbestos incidents.

HSE has also undertaken proactive inspections in schools. They have found that a significant numberof schools are not complying with the guidance and are not managing their asbestos eithereffectively or safely. Advice has been given and follow-up inspections carried out to ensure thatstandards have improved.

As the result of the inspections in the last five years 117 Improvement Notices and 3 ProhibitionNotices have been issued by HSE because of failures to manage asbestos in schools and colleges. 140Improvement Notices and 4 Prohibition Notices have been issued since December 2006.2

HSE has probably inspected less than 500 schools since the year 2000. That represents about 2% ofthe 28,950 schools3 in Britain. Since 2007 the bulk of proactive inspections have been in four roundsof inspections.

More than a sixth of schools and local authorities inspected in the rounds of inspections had failed tomanage their asbestos to the extent that enforcement action was necessary. If the percentage ofschools that had enforcement action taken was representative of all schools in Britain that containasbestos then it would equate to more than a million pupils occupying more than 3,500 schoolsfailing to effectively manage their asbestos to the extent that they required enforcement action.

1 HSE a comprehensive guide to managing asbestos in premises.”2 See: HSE Enforcement action in schools and colleges under CAR 2012:http://www.hse.gov.uk/notices/notices/notice_list.asp?PN=1&ST=N&CO=%2C+AND&SN=F%2C+P&x=21&SF=SICD%2C+%7C%2C+REG%2C+%7C&EO=LIKE%2C+%3D&SV=Education%2C+%7C%2C+1114%2C+%7C&y=11&SO=DNISHSE Enforcement action in schools and colleges under CAR 2006:http://www.hse.gov.uk/notices/notices/notice_list.asp?ST=N&CO=%2C+AND%2C+AND&SN=F%2C+P&SF=SICD%2C+%7C%2C+REG%2C+%7C&EO=LIKE%2C+%3D&SV=Education%2C+%7C%2C+1098%2C+%7C&x=27&y=73 School numbers 2011 England http://www.education.gov.uk/rsgateway/DB/SFR/s001012/sfr12-2011.pdf Scotlandhttp://www.scotland.gov.uk/Resource/Doc/310296/0097954.pdf Waleshttp://wales.gov.uk/docs/statistics/2011/111213sdr1532011ren.pdf

3

Inspections should be an integral part of successful asbestos managementIt must be borne in mind that since March 2011 HSE have not been allowed to undertake proactiveinspections of asbestos management in local authority schools. 4 The vast majority of enforcementaction since then has therefore been against schools outside local authority control, whereas beforethat date the majority of enforcement action was against local authorities and their schools. Before2004 it was unusual for HSE to inspect the standards of asbestos management in any school.

The inspections have proved their worth as they have identified many schools and local authoritiesthat are not effectively or safely managing their asbestos. Advice has been given so that correctivemeasures could be taken to improve their standards of asbestos management. Proactive inspectionsare no longer allowed in local authority schools and it still has to be confirmed if they will be inschools outside local authority control now that the final round of inspections of their schools havebeen completed.

If schools are expected to manage their asbestos then inspections are a proven means of ensuringthey do. It is recommended that pro-active inspections are reintroduced for all schools that containasbestos.

Summary of prosecutionsProsecutions have taken place where serious asbestos incidents have occurred, asbestos damagedand more often than not people exposed. They have been taken for:

Exposing a nursery class, school staff and two joiners to asbestos fibres.5

A serious asbestos incident occurred when refurbishment contractors removed seven ceilings ofAIB tiles.6

Despite children occupying adjacent classrooms, it still gave the go ahead for the workers tobegin to strip out the area.7

Failed to identify the presence of asbestos in a number of areas within the schools, resulted inconstruction workers being exposed to a potential risk to their health.8

Failure to manage asbestos resulting in exposure of employees.9

The school caretaker swept the school boiler house, unaware that it was contaminated withasbestos. This posed a huge risk to the caretaker's health.10

All contractors failed to implement basic requirements to prevent the spread and exposure toasbestos to both those removing the materials and to others working at the school at the time.11

Prosecution following exposure to asbestos. University fined for putting staff, students andcontractors at risk of exposure to asbestos.12

4 Good Health and Safety for Everyone. Targeting and Reducing Inspections 21 Mar 2011 para 3 iii p 95 Council and building firm fined for asbestos exposure during school refurbishment. HSE/197/12 14 Dec 20126 Council and building firm fined for asbestos exposure during school refurbishment. HSE/197/12 14 Dec 20127 HSE Building firm fined after asbestos disturbed at primary school Release WM211/10 19 Aug 20108 Survey company prosecuted as HSE campaign to raise awareness of asbestos danger begins Release COI/W/HSE588 17 Oct 20089 Edinburgh council fined £14,000 for asbestos failures that put workers at risk SCO/177/09 11 Nov 200910 Council fined after school caretaker exposed to asbestos NE/451/08 5 Sep 200811 Unlicensed asbestos removal will be penalised warns HSE HSE/YH/332/2009 4 Sep 200912 Lincoln University fined for asbestos failings HSE/269/11 16 Nov 2011

4

This was a clear example of a local Authority failing to manage asbestos across its schools for anumber of years. The caretaker regularly worked in the boiler room with dust and debris over aperiod of six years. She will have been exposed to asbestos fibres.13

Two men colluded with each other to commit fraud by falsifying a record stating that a school inAbingdon had been properly cleaned of asbestos.14

The unsafe removal of asbestos insulation boards at a large independent school in Dorset led toseveral people being exposed to asbestos fibres.15

Having correctly commissioned an asbestos survey...no one bothered to read it. Or if they did,they disregarded its contents and failed to act to protect site workers from exposure. As aresult, several people, including the young apprentice, were unnecessarily exposed to the risk ofinhaling asbestos fibres.16

A Suffolk window replacement company has been fined after it exposed workers to potentiallyfatal asbestos material during work to replace window units at a school in Bury St Edmunds. Thisincident has been extremely stressful for those affected and has also been disruptive and costlyfor the school. 17

AIB removed with crowbars. Academy fined for failing to properly manage refurbishment worksand exposing workers to asbestos. Although the school had not been under local authoritycontrol since 2011, it failed to ensure employees and management received adequate trainingto make up for the loss of local authority support and ensure that a suitable asbestosmanagement plan was in place.18

HSE inspectionsFour rounds of proactive HSE inspections have taken place. The first two examined compliance withguidance for sealing asbestos in columns, walls and ceilings of system built schools to inhibit therelease of amosite fibres into the rooms. The inspections in both sets of inspections were triggeredby local authorities’ responses to questionnaires. As well as examining the standards of compliancewith the guidance, inspections were also carried out in schools to assess whether the remedialactions had been completed. Damaged deteriorating asbestos was found and a failure to preventthe release of asbestos fibres. In some cases local authorities had failed to follow the guidance in alltheir schools.

The final two rounds inspected standards of asbestos management in schools outside local authoritycontrol. The inspectors were instructed to assess the standards of asbestos management and not toexamine the condition of asbestos in the schools. Almost every regulation in the duty to manage wasbroken. A significant number of schools had not trained their maintenance staff, some schools hadnot attempted to identify their asbestos, some had no system of asbestos management and therewas confusion over areas of responsibility.

Enforcement action has been taken for:

13 Council in court for ignoring asbestos threat in schoolHSE-E-010/13 1 Mar 201314 Fraudsters collude to trick independent school SE/149/12 17 Aug 201215 Safety failings led to asbestos exposure at Sherborne School for boys 13 July 201216 Surrey firm in court after asbestos find at girls’ school HSE 13 Jan 201417 Suffolk firm in court after workers exposed to asbestos HSE 13 Feb 201418 HSE press release: School and glass contractor fined for asbestos failings 14 November 2013

5

Failure to manage asbestosFailure to assess whether asbestos is presentFailure to consider the condition of the asbestosFailure to take account of age or building plans, failure to inspect accessible parts of premisesFailure to review the survey if no longer valid or changes to buildingsFailure to record the assessment or every reviewFailure to determine the risks, to record location of asbestos, to specify measures to manage riskFailure to monitor condition, properly maintain or safely remove, inform people who mightdisturb itFailure to review or revise the management planFailure to inform, instruct or train people who might disturb the asbestosFailure to mitigate after release of asbestos, or restore situation or inform people of theirexposure.Failing to manage asbestos risksDangerous occurrence involving asbestos releaseCouncil have failed to manage asbestos in all of its premises.ACMs could be in a position to cause exposure.Area contaminated with asbestos

Summary of Four Rounds of HSE Inspections

HSE 1st round of inspections of system built schools1. In 1987 air sampling found that when doors were slammed and walls hit in system built schools

significant levels of amosite fibres could be emitted into the classrooms, halls and corridors.Slamming a door five times released up to 330,000 fibres per cubic metre of mainly amositefibres, kicking a wall up to 870,000 fibres per cubic metre of air.19 About half the schools in thecountry are system built and most contain large amounts of asbestos with potentially the sameproblems. Despite this no warning was issued.

2. The problem was rediscovered in August 2006 in a CLASP system built school when doors wereslammed, columns and walls were hit and when people sat on window sills. Asbestos fibres wereejected into the classrooms, corridors and halls at levels up to 440,000 fibres in a cubic metre ofair. The fibres were mainly amosite.20 However one test recorded a level of 2.37f/ml, 2,370,000fibres in a cubic metre of air, where a column casing was loose.21

3. An urgent warning was then issued in October 2006 to CLASP schools and local authoritiesadvising them as a priority to determine whether their schools had the same problem, and ifthey did then guidance advised them on measures to inhibit fibre release.22 The advice was toleave the damaged AIB, asbestos debris and fibres in place but seal the cracks and gaps with

19 ILEA report LSS/AP/52 (1987) Investigation into fibre release from low level asbestos panels - Ernest Bevin school May 1987. ILEA reportLSS/AP/78 (1987) Investigation into fibre release from low level asbestos panels at Roehampton Gate Primary September 198720Follow the links: Release of asbestos fibres in System Built schools part 1 Release of asbestos fibres in System Built schools part 221 HSL FT 20080010493 30 Jan 2008 work/data sheets. HSL Summary of fibre concentrations in CLASP construction schools containingasbestos. HSL/2007/22 10 Apr 2007 para 3.5 Upper estimate of possible releases para 4.522 A joint message from the HSE/LGE/DFES Asbestos - potential for exposure in “clasp” school buildings Oct 2006

6

silicone sealant. Tests proved that this measure did not always work and asbestos fibres couldstill be released, the levels were however lower than without the remedial measures.

4. Almost a year later HSE contacted local authorities and other public sector bodies to assess theircompliance with the guidance. If HSE were not satisfied with the response an inspection wascarried out. The seven HSE regions carried out 130 visits, 120 were to schools and the otherswere not. There was a lack of consistency and some regions conducted very few inspectionscompared to others. For instance 3 inspections were carried out in the South East, 2 in the NorthWest, 3 in London, 7 in Wales and the South West and 8 in Scotland. All regions issued advicebut only 2 Improvement Notices were issued, both in London.

5. In comparison Yorkshire and the North East carried out 38 inspections and, although advice wasissued, no Improvement Notices were. However inspectors in the Midlands conducted 69inspections and issued 18 Improvement Notices.23

6. The two Improvement Notices in London were issued because of an ITN investigation haddetermined that more than a year after the initial warning had been issued a CLASP school inBrent had failed to inspect or seal the columns in a special school. Tests showed significant levelsof mainly amosite fibres were emitted into a classroom and the ceiling void. Levels of 440,000fibres per cubic metre of air were measures in the classroom and 720,000 fibres per cubic metreof air into the ceiling voids. The level on the personal sampler of the operator carrying out thedisturbance measured a level of 2.53f/ml or 2,530,000 fibres per cubic metre of air. 24 Thesetests were on par with those carried out previously in other CLASP schools. HSE were notifiedand an inspection carried out. The inspection resulted in enforcement action being taken againstthe local authority for failing to comply with the guidance and a failure to manage asbestos inthis particular school and also in all their schools. The notices stated:

“Lack of evidence that an effective system is in place to manage the risks from asbestoscontaining materials in schools.”

“It was not possible to ascertain that asbestos containing materials (ACMs), identified orsuspected, had been inspected for condition, and the possibility exists that ACMs could be in acondition which could cause exposure.” 25

7. In September 2007 HSE inspected CLASP schools in Walsall and found that none of the actionshad been carried out. The Council has 15 CLASP schools and enforcement action was takenagainst 11 for a failure to follow the guidance. A typical Improvement Notice stated:“Improvement notice requiring suitable & sufficient assessment and management of potentialasbestos containing materials arising from CLASP intervention project. CLASP Management I.N.300916219 requiring suitable and sufficient assessment as to the likely presence and condition of

23 Inspection of asbestos management in clasp and other system buildings 2007/2008 Summary report of findings . updated 12 May 2008HSE Inspection Findings - Consolidated Divisional Feedback Annex 124 G&L Consultancy Ltd Report for asbestos investigation 15-16 Dec 2007. Hay lane Special school Brent25 HSE Improvement Notice 4099017 - Lack of evidence that an effective system is in placeto manage the risks from asbestos containing materials in schools. London Borough of Brent9 Jan 2008 . Notice number 4099016 - London Borough of Brent 9 Jan 2008

7

asbestos containing materials associated with the building's columns and the preparation andimplementation of a written plan for managing the risk by maintaining or removing any asbestoscontaining materials.”

8. However the lessons were not learnt, because two years later in 2009 an independentinspection was carried out in one of the schools that had been the subject of HSE enforcementaction and it found dangerous failures in asbestos management and concluded “The standard ofasbestos management has been proved to be dangerously inadequate, which has resulted in thecontamination of the school, and the exposure of contractors and, almost inevitably, of the staffand pupils.” 26

9. The level of compliance in five of the HSE areas in this first round of inspections was 100%,however very few inspections had been carried out in four of the local authorities which forstatistical purposes makes the results unreliable. A total of 120 visits were made to schools ofwhich 17% resulted in enforcement action being taken.27 In London three inspections werecarried out and two Improvement Notices issued (66%). In the Midlands a statistically relevantnumber of inspections were carried out and 26% resulted in enforcement action being taken.

10. It was clear that a significant number of schools were not complying with the guidance. A furtherstudy was therefore initiated. A questionnaire was issued by DfE and HSE in January 2009 toonce again determine compliance with the guidance for system built schools. Based on theresponses to the questionnaire a second round of inspection was carried out. It identifiedschools and local authorities who were failing to safely manage their asbestos which had notbeen identified in the first round and was further proof that lessons had not been learnt.

HSE 2nd round of inspections of system built schools11. In 2010 HSE published a report on their second round of inspections of asbestos management in

system built schools. It highlighted that significant numbers of schools are not managing theirasbestos effectively.28 As with the first round of inspections most local authorities were notinspected, but where they were 24% had enforcement action taken against them.

12. As with the first round of inspections these were also based on the responses to a questionnaire.152 local authorities and 95 dioceses were contacted. The responses from 42 local authoritieswere such that they required an inspection by HSE Inspectors; 18 improvement notices and 1prohibition notice were issued to 10 (24%) authorities and further advice was given to the other32 (76%) authorities on actions to improve their systems for managing asbestos. 110 localauthorities were not visited as their questionnaire responses were accepted by the HSE and DfEas sufficient proof that they were achieving the required standards.

13. Only a handful of responses were received from the 95 expected from the dioceses, but noattempt was made to inspect their schools and no attempt was made to assess compliance inScotland, Ireland or Wales or in independent schools.

26 Report available on request. Dec 200927 Inspection of asbestos management in clasp and other system buildings 2007/2008 Summary report of findings . updated 12 May 200828 HSE Inspection Findings: Asbestos management in Local Authority school system buildings 2009/10http://www.hse.gov.uk/services/education/fod-interventions.pdf

8

14. Of those authorities that were visited, failures were identified in asbestos awareness andtraining, a lack of knowledge of their school stock and what types of school buildings were atrisk. In a number of authorities poor standards of asbestos management plans were identified.Flaws in asbestos surveys and a failure to implement the recommended measures for systembuilt schools. Two local authorities had failed to identify those schools at risk and had failed toseal any cracks to prevent the release of asbestos fibres, some four years after the guidance wasfirst issued.

15. The selection of which local authorities would be inspected was based on their answers to thequestionnaire and was reliant on them admitting to failings in their system of asbestosmanagement in order to trigger a visit from the HSE. The fact that an LA was not inspectedshould not, therefore, be taken as an indication that their standards of asbestos managementwere good. Also the questionnaire and inspections had a narrow remit as they focussed on justone problem in one type of school building. At least one local authority had concerns over thequestionnaire. They stated:

“I’m concerned about the quality of this questionnaire and the potential for misinterpretationwhen the contents are analysed. It does not show the full picture of asbestos management andonly concentrates on a very small area. The questions are confusing and potentially misleading(far to open to interpretation).”29

16. The flaws in their asbestos management were similar to the first round of inspections and hadthe potential for asbestos materials to be disturbed, fibres to be released and staff and pupilsexposed. Tests had proved that unsealed columns and walls can potentially release significantlevels of asbestos fibres, and therefore the occupants were at risk, however some authoritieshad failed to take the necessary remedial measures, for example the Improvement Notice issuedto South Gloucestershire County Council stated:

“Measures identified in the Council’s written plan for managing the risk from asbestos in systembuilt school buildings, ie. Sealing gaps in joints in the casing around the columns, and betweensuch columns and skirting boards and wall, had not been carried out.”

17. This second round of inspections in system built schools confirmed the results of the first. Itconfirmed that a significant number of schools are not complying with the regulations or theguidance and had failed to implement measures to prevent the releases of asbestos fibres.These were not minor administrative failings, instead they had the very real potential to exposeboth staff and pupils to cumulatively significant levels of asbestos fibres from commonclassroom activities.

18. About a quarter of the local authorities and schools inspected had enforcement action takenagainst them. That is a statistically significant proportion. Where inspections were carried outfaults were found, which proves the importance of inspections. Despite this just three months

29 Department for Education / Health and Safety Executive Questionnaire survey on asbestos management in local authority system builtschools – Alphabetical list of responses – July 2010 http://www.hse.gov.uk/services/education/survey.pdf

9

after the report was published the Department for Work and Pensions classified schools as ‘low’risk and HSE were no longer allowed to carry out inspections to assess the standards of asbestosmanagement in local authority schools.

19. HSE were however permitted to undertake inspections in schools outside local authority control.The response from dioceses from the questionnaire had been almost not existent with just ahandful of returns being made despite the deadline being extended. The failure to respond tothe most basic questions showed a lack of asbestos awareness and potential problems. A roundof inspections of schools outside local authority control was therefore initiated.

HSE 1st round of inspections of schools outside local authority control20. Between November 2010 and July 2011 HSE carried out a series of inspections of schools outside

local authority control to determine their standards of asbestos management. 30 The schoolsincluded Academies, independent schools, voluntary aided schools and foundation schools. Theinspections resulted in enforcement action being taken against a significant proportion ofschools for failing to manage their asbestos. The duty holders had therefore not fulfilled theirresponsibilities.

21. The following is a summary of the enforcement action:

164 schools were in the study but further enforcement action was taken at the same timeagainst 4 other schools outside local authority control giving a total of 168 schools. They werenot included in the HSE summary, but have been in this summary.

Enforcement action was taken against 32 schools outside local authority control (19%). In total49 Improvement Notices were issued.31

There were 40 breaches of the Health and Safety at Work Act for failing to ensure the health andsafety of the staff, and a further 28 breaches for failing to ensure that the pupils were notexposed to risks to their health and safety.

There were 79 breaches of the Control of Asbestos Regulations for failing to manage theirasbestos as required by law. HSE guidance states “If you don’t manage the asbestos-containingmaterials in your premises, you could be putting your employees’ and other people’s health atrisk.”32

A further 110 had “Advice” given to improve their asbestos management.

30 Asbestos checks reveal compliance picture at non-LA schools http://www.hse.gov.uk/press/2011/hse-asbestosinschools.htm SummaryManaging asbestos in schools outside LA control http://www.hse.gov.uk/services/education/asbestos-summary-1011.htm List of schoolsinspected and results. www.hse.gov.uk/services/education/asbestos-management-1011.htm HSE Enforcement data basehttp://www.hse.gov.uk/notices/notices/notice_list.asp?PN=2&rdoNType=&NT=&SN=F&x=23&EO=LIKE&SF=SICD&SV=education&ST=N&y=10&SO=DNIS31 HSE Enforcement data basehttp://www.hse.gov.uk/notices/notices/notice_list.asp?PN=2&rdoNType=&NT=&SN=F&x=23&EO=LIKE&SF=SICD&SV=education&ST=N&y=10&SO=DNIS32 HSE a comprehensive guide to managing asbestos in premises.”

10

138 of 164 schools visited were issued Improvement Notices or Advice (84%)

32% of the 62 independent schools that were inspected had enforcement action taken.

41 of the 80 schools that carried out their own maintenance and building work had failed totrain their staff so that they could safely undertake maintenance without potentially damagingasbestos and harming themselves and the other occupants.

3 of the 5 Academies inspected had enforcement action taken against them, another school hasnow become an Academy and that also had enforcement action taken against it.

By law schools have to have a written asbestos management plan, but 51 did not.

49 schools did not have a proper system in place to tell their staff where the asbestos is in thebuildings, and 20 of them there was no system at all. HSE warn that “Not having a system inplace, or operating a system with major gaps or flaws, is a major source of risk as potentiallyanyone in a school can disturb asbestos containing materials”

During the same period enforcement action was taken against one local authority school for thepotential disturbance of asbestos and in another enforcement action was taken becauseasbestos debris was still present after refurbishment work had been carried out.

The following are breaches of the Control of Asbestos Regulations 2006 (CAR) in the non-LAschools:

10 breaches of CAR 4 Failure to manage asbestos8 breaches of CAR 4/3 Failure to assess whether asbestos is present3 breaches of CAR 4/4 Failure to consider the condition of the asbestos3 breaches of CAR 4/5 Failure to take account of age or building plans, failure to

Inspect accessible parts of premises2 breach of CAR 4/6 Failure to review the survey if no longer valid or changes to

buildings2 breaches of CAR 4/7 Failure to record the assessment or every review13 breaches of CAR 4/8 Failure to determine the risks, to record location of asbestos, to specify measures to manage risk11 breaches of CAR 4/9 Failure to monitor condition, properly maintain or safely remove, inform people who might disturb it10 breaches of CAR 4/10 Failure to review or revise the management plan16 breaches of CAR 10 Failure to inform, instruct or train people who might disturb asbestos1 breach of CAR 15/4 Failure to mitigate after release of asbestos, or restore

situation or to inform people of their exposure.

In TOTAL 79 breaches of the CAR 2006 in non-LA schools

11

22. In 1986 all schools were specifically told to identify their asbestos by extent, type and conditionand assess the risks to the staff and pupils. They were told to draft and implement a plan tomanage the asbestos, tell people where it was and train them in the precautions that arenecessary to avoid damaging it.33 Twenty five years later the duty holders in these schools havefailed to adequately, or safely, manage their asbestos.

23. Government policy encourages schools to become Academies or Free Schools, consequentlythere are increasing numbers of schools outside local authority control. It is the owners,governors and headteachers of these schools who are responsible under law to safely managetheir asbestos and ensure the safety of their staff and pupils, but this round of inspections addsto the evidence that many of them are not equipped to do so.

24. At least six of the schools are now Academies and four of them had enforcement action takenagainst them, one of them had three Improvement notices issued as they failed to produce anasbestos register, asbestos management plan or an asbestos survey, another hadn’t trained itsstaff. These are all fundamental requirements for safely managing asbestos, but the owners andgovernors were clearly unaware of the regulations and guidance or that they were breaking thelaw, and by doing so were putting people at risk.

25. In the round of inspections, 60% of the schools that are now Academies had enforcement actiontaken, and, although the numbers are small, it is indicative that the governors and owners ofthese schools are not adequately equipped to manage their asbestos. As at 1st March 2014 thereare 3689 academies,34 and therefore this indicates a serious problem in a large number ofschools.

26. The HSE summary highlights that “Schools that bought back services from the local authoritywere often uncertain or unaware of their own duties and were reliant on the local authority.” Theconfusion was particularly apparent in the sixty Voluntary Aided schools that were inspected,and the same principle applies to some Academies and Foundation schools.

27. Some of the schools rely on the local authorities and buy back their expertise to manage theirasbestos, however some employers and governors were not aware that, regardless of whetherthey were buying in expertise, they still have the legal responsibility for managing the asbestosin their school. HSE emphasise the need for governors to be trained in asbestos awareness, andstate “The governing body needs to be aware of what is involved in the duty to manage asbestosand ensure that everyone whose work is liable to bring them into contact with ACMs has theappropriate competencies.”

28. Voluntary Aided schools are mainly religious or faith schools. This round of inspections wastriggered by an almost total failure of dioceses to respond to an HSE and Department forEducation questionnaire that was issued in January 2009 to determine the standards of

33 Department of the Environment Asbestos materials in buildings 1983. 1986. Department of Education and science AM3 of 86 The Use ofasbestos in Educational Establishments 15 Aug 198634 DfE open Academies. https://www.gov.uk/government/publications/open-academies-and-academy-projects-in-development

12

compliance with asbestos guidance for system built schools.35 Although the informationrequested in the questionnaire should have been at the authorities’ finger tips, it was clear fromthe dioceses lack of response that they were unaware of which of their schools are system built,or the extent of asbestos in those schools. These latest inspections have added to the evidencethat dioceses, and their schools, do not have an adequate grasp of what are their roles andresponsibilities and to what extent they can rely on the expertise of their local authorities.

29. Many of the schools that had enforcement action taken have been established for many yearsand therefore should have had the necessary skills to manage their asbestos, yet they had failedto obey the law and follow the guidance. They presumably thought that they were safelymanaging their asbestos, but because of a lack of asbestos awareness they were potentiallyputting people’s lives at risk. The situation is likely to be worse in Free Schools and someAcademies as most parents and governors do not have the training and experience to manageasbestos but are taking on the legal and practical responsibilities to do just that. Unless trainingis made mandatory for governors, headteachers and all staff it is inevitable that this problem willworsen over the coming years.

30. 19% of the schools outside local authority control that were inspected warranted enforcementaction. That is a high proportion when compared to similar exercises. For instance HSE carriedout a similar round of inspections to assess the standards of asbestos management and targetedbusinesses with particular emphasis on hotels, restaurants, public houses and manufacturingsites. 400 inspections took place and 24 businesses had enforcement action taken36, which is just6%. Enforcement action in the round of inspections of schools was three times greater than inthe inspections of other businesses. If this is representative of the whole country it indicates thatthe standard of asbestos management in both local authority and non-local authority schools issignificantly worse than in other sectors of business.

31. This round of inspections showed that a significant number of schools outside local authoritycontrol had failed to manage their asbestos effectively. The duty holders had not fulfilled theirresponsibilities, and by doing so they had infringed the regulations and the law and potentiallyput staff and pupils at risk.

2nd round of inspections of schools outside local authority control.32. The latest round of inspections of 150 schools outside local authority control ran from April to

December 2013. The results of the study have not been published, however the HSEenforcement web-site as at 26th March 2014 lists 20 Improvement notices issued to 20 schoolsfor breaches of the HSWA 1974 and the CAR 2012.

35 Meeting Schools Minister Diana Johnson MP 11 Nov 2009. Contemporaneous notes Lees. Hansard column 1561W Question 294157,Nick Gibb MP/ Diana Johnson MP Schools asbestos 21 Oct 2009.HTTP://WWW.PUBLICATIONS.PARLIAMENT.UK/PA/CM200809/CMHANSRD/CM091021/TEXT/91021W0027.HTM#COLUMN_1561W36 Suffolk – Asbestos Duty to Manage Project A report by the HSE’s Partnership Team – East of England Region 18 – 27 September 2007.HSE Lacors Your council’s involvement in health and safety regulation. Councillors handbook Jul 2008

13

33. Enforcement action was carried out for similar breaches of the regulations as had been found inprevious rounds of inspections. A full analysis will be completed once HSE publishes all theresults.

34. The following is an interim summary: 150 schools were scheduled to be inspected. 20 non-LA schools had enforcement action taken against them. Therefore 13% had enforcement action taken. 37 breaches of the CAR 2012 20 breaches of the HSWA 1974/2/1 19 breaches of the HSWA 1974/3/1 7 academies had enforcement action taken 2 voluntary aided schools had enforcement action taken 11 independent schools had enforcement action taken

The following are breaches of the Control of Asbestos Regulations 2012 (CAR):10 breaches of CAR 4 Failure to manage asbestos5 breaches of CAR 4/3 Failure to assess whether asbestos is present2 breaches of CAR 4/4 Failure to consider the condition of the asbestos1 breach of CAR 4/5 Failure to take account of age or building plans, failure to

inspect accessible parts of premises1 breach of CAR 4/6 Failure to review the survey if no longer valid or changes to

buildings1 breaches of CAR 4/7 Failure to record the assessment or every review5 breaches of CAR 4/8 Failure to determine the risks, to record location of

asbestos, to specify measures to manage risk5 breaches of CAR 4/9 Failure to monitor condition, properly maintain or safely

remove, inform people who might disturb it4 breaches of CAR 4/10 Failure to review or revise the management plan3 breaches of CAR 10 Failure to inform, instruct or train people who might disturb

asbestos( breach of CAR 12 This is about control measures it is apparent the incorrect

regulation has been recorded on the HSE web-site and itshould be CAR2012/4/3)

Michael Lees30th March 2014

14

Annex1: Tables of Four Rounds of HSE inspections

1st round of inspections of LA CLASP schools 2007- 2008

15

2nd round of inspections of LAs management of system built schools2009-2010

2nd round of inspections in LA system built schools 2009-201037

LOCAL AUTHORITY HSE RESPONSETO SURVEY

RETURN

OUTCOME FINDINGS

Bedford Borough Council Verification visit asinsufficient detailprovided

Improvement Notice LA has identified 11 possible system buildpremises. HSE written advice given to clarifyroles and responsibilities of those inmanagement chain. One improvement noticeserved on LA in relation to maintenance ofasbestos containing materials at one site.

Bexley (London Borough of) Verification visit asinsufficient detailprovided

Advice Duty to manage arrangements reviewed andverbal advice provided.

Blackburn with Darwen BoroughCouncil

Verification visit todetermine level ofcompliance.

Advice LA has re-surveyed all schools in the last year.Process has identified 2 system built typepremises.. LA has provided advice, guidanceand additional monitoring. LA continuesrolling programme of visits to individualschools to meet with ‘responsible person

Brighton & Hove City Council Inspection as noresponse received.

Advice Following HSE inspection full survey responsereceived in March 2010. HSE interventiontriggered LA to review system build typepremises - in particular the type andavailability of asbestos assessments. Verbaladvice given.

37HSE Inspection Findings: Asbestos management in Local Authority school system buildings 2009/10http://www.hse.gov.uk/services/education/fod-interventions.pdf

16

Calderdale Council Verification visit todetermine level ofcompliance.

Advice Questionnaire and HSE duty holder check listhad prompted review of system builds. NoCLASP buildings but have 8 premisesidentified as system builds. New surveys ofpremises being completed. Additional adviserto be recruited.

Camden (London Borough of) Inspection as noresponse received.

Advice LA has asbestos management procedures inplace. Small number of system buildpremises. HSE advice given on provision ofinformation, and need for inspection ofcolumns. Corrective action taken in responseto HSE advice.

Central Bedfordshire Council Inspection as noresponse received.

Advice Though asbestos management strategies inplace, inspection identified this new unitaryauthority did not have access to fullinformation on its system built schoolpremises. Eleven possible system build typepremises. Update surveys to be undertaken.HSE written advice provided coveringtraining, survey review, and refurbishmentsurveys.

Doncaster Verification visit todetermine level ofcompliance.

Two ImprovementNotices

Inspection identified limited number ofsurveys in place, absence of managementplans and training. Improvement Noticesserved on LA for training of buildingmanagers, and for assessment andmanagement plans for LA controlledpremises.

Dudley Metropolitan BoroughCouncil

Inspection as noresponse received.

Advice Asbestos management procedures werereviewed as part of an on-going HSEinspection initiative with the LA. HSE advicegiven including provision of localised asbestosmanagement plans and development ofauditing procedures.

East Riding of Yorkshire Council Verification visit todetermine level ofcompliance.

Advice LA is updating internal guidelines and code ofpractice on asbestos. Training to key sitepersonnel has been provided. Auditing of sitesis by questionnaire and visit. Written adviceprovided with regard to clarity and updating ofasbestos surveys.

Essex County Council Verification visit todetermine level ofcompliance.

Advice LA has been undertaking work to raise theprofile of asbestos management. HSE writtenadvice given clarifying roles andresponsibilities, need for training, provision ofmanagement

Harrow (London Borough of) Inspection as noresponse received.

Three ImprovementNotices

LA in process of reviewing asbestosmanagement procedures. Following HSE siteinspections 3 site specific improvementnotices served on LA relating to riskassessment of ACM’s, training of employeesand the need to ensure management planaddresses need for information to those whomay disturb

Hillingdon (London Borough of) Verification visit asinsufficient detailprovided

Advice Questionnaire and HSE inspection has led toreview of asbestos managementarrangements. HSE advice given on training ofpersonnel. HSE to review actions taken by LAfollowing these recommendations.

Isle of Wight Council Verification visit todetermine level ofcompliance.

Advice Inspection confirmed that a review of the LA’sproperty portfolio is underway. Asbestosmanagement arrangements also under review– with emphasis on information provision andmonitoring. HSE written advice given on

17

training, monitoring, updating of asbestossurveys and control of contractors.

Islington (London Borough of) Verification visit todetermine level ofcompliance.

Advice Following issue of questionnaire LAcommissioned programme of survey of allschools. Sample site inspections undertakenby HSE to confirm implementation ofmanagement arrangements.

Kent County Council Verification visit todetermine level ofcompliance.


Asbestos management strategies in place. LAhad identified areas for improvement. HSEwritten advice given on training, and updatingsurveys following work. Two site specificimprovement notices served on LA for trainingof site personnel.

Kingston Upon Thames (RoyalBorough of)

Inspection as noresponse received.

Advice LA has single system build school premises. LAasbestos management procedures reviewedand verbal advice provided.

Lambeth (London Borough of) Verification visit todetermine level ofcompliance.


Review of asbestos managementarrangements undertaken. Written advicegiven in relation to provision of managementplans, training and on-going inspection ofasbestos containing materials. TwoImprovement Notices served on LA – for theprovision of an asbestos management planand for the training of employees likely to beexposed to asbestos.

Leeds City Council Verification visit todetermine level ofcompliance.

Advice(On going)

Advice given in relation to implementation ofLA policy – in particular relating to roles andresponsibilities, training of site personnel,monitoring of contractors, review ofmanagement plans. Further HSE visitproposed to review actions taken by LAfollowing these recommendations.

Leicester City Council Verification visit todetermine level of

Advice Review of asbestos managementarrangements undertaken. Remedial actionsdetailed on HSE duty holder checklist havebeen taken. Recent update to surveysundertaken. Corporate asbestos co-ordinatoroversees the policy. Mandatory trainingprovided to premises managers.

Manchester City Council Inspection as noresponse received.

Advice Full response received in February 2010 afterHSE inspection. Asbestos managementstrategies in place. Authority reviewing auditprocedures to improve its targeting of sitereviews on a risk basis. Advice given onprovision of site specific management plans.

Medway Council Verification visit todetermine level ofcompliance.


Inspection confirmed LA had completedrecent review of asbestos managementprocedures. Includes new policy, monitoring,surveying and training programme. HSEwritten advice given on these newmanagement arrangements. Two site specificimprovementnotices served on LA on training of responsibleperson.

Middlesbrough Council Verification visit asinsufficient detailprovided

Advice(on-going)

Following HSE inspection, on line surveycompleted in April 2010. All schools surveyedin 2007 to identify system buildings.Compliance with duty to managedemonstrated. School sample inspectionsproposed for 2010 to review on site

18

procedures.North Somerset Council Inspection as no

response received.Advice(on-going)

HSE prosecuted this LA in August 2009following a release of asbestos fibres duringconstruction work in a school. Postprosecution visit identified that the LA havereviewed their asbestos managementprocedures, including policy, surveys andtraining provisions to site personnel. Furtherschool sample inspections proposed in 2010 toreview the new

Northamptonshire County Council Verification visit todetermine level ofcompliance.

Advice Since 2007 when asbestos management issuesin system build premises were identifiedimprovements in asbestos managementarrangements have been made by this LA.Where necessary remedial work has beencompleted and reviewed. Information onsystem built schools has been circulated to LAcontrolled schools.

Nottinghamshire County Council Verification visit asinsufficient detailprovided

Advice LA has large number of system built premises.Extensive remedial action has beencompleted. Asbestos managementarrangements reviewed and HSE writtenadvice provided.

Plymouth City Council Verification visit asinsufficient detailprovided

Advice Written advice given on the roles andresponsibilities of the LA in relation to healthand safety, and specifically asbestosmanagement. LA taking action on roles andresponsibilities, monitoring and review ofprocedures for LA controlled schools.

Portsmouth City Council Verification visit todetermine level ofcompliance.

Advice Authority has small number of system buildpremises. Have asbestos managementstrategies in place. HSE written advice givenon updating of policy, monitoring, training,and provision of management plans.

Redbridge (London Borough of) Verification visit todetermine level ofcompliance.

Advice(On-going)

Asbestos management arrangementsreviewed. Following HSE inspection LAundertaking a programme of inspection.Further site visits to be undertaken by HSE onreceipt of information.

Richmond upon Thames (LondonBorough of)

Verification visit asonly partialresponse received.

Advice LA did not have sufficient information onproperty portfolio to complete questionnaire.Now implementing full programme of reviewto identify system builds in LA. Inspection andre-surveys underway. HSE written advicerelated to management

Rutland County Council Verification visit asinsufficient detailprovided

Advice LA have reviewed property portfolio. Nosystem build type school premises have beenidentified. LA is reviewing their asbestosmanagement system. HSE advice given onupdating of central asbestos registers andtraining provision.

Salford City Council Inspection as noresponse received.

Advice Following HSE inspection full survey responsereceived in April 2010. Site managementarrangements sampled. Advice given relatingto monitoring of schools and training of sitepersonnel. LA reviewing procedures.

South Gloucestershire Council Verification visit todetermine level ofcompliance

ImprovementNotice

Survey has identified wide variety of systembuild premises. 17 premises fit the systembuild profile. Remedial programmeof work in place. Improvement Notice servedon LA for completion of remedial work.

Stockton on Tees Borough Council Inspection as noresponse received.

Advice(On-going)

LA has asbestos management strategies inplace. Further HSE school visits planned toreview on site procedures.

Sutton (London Borough of) Verification visit asinsufficient detailprovided

Advice Small number of system build premises in LA.HSE advice given, on need to update asbestosregisters following work, and trainingprovision.

19

Tameside Metropolitan BoroughCouncil

Verification visit asinsufficient detailprovided

Advice Inspection revealed LA has identified 24system built premises. Column analysis hasidentified no asbestos present. Asbestosmanagement arrangements reviewed and HSEadvice provided.

Telford & Wrekin Council Verification visit todetermine level ofcompliance.

Advice Questionnaire had prompted review ofpremises to identify system buildings.Asbestos management arrangementsreviewed. HSE advice provided includingreview of property portfolio, training of schoolstaff, and the provision of information to staffand contractors.

Thurrock Council Verification visit asinsufficient detailprovided

Two ImprovementNoticesOne ProhibitionNotice

Questionnaire has prompted LA to reviewproperty portfolio. Written advice given oninformation, instruction and training and theneed for monitoring, review andimplementation of survey findings. Twoimprovement notices served on LA – trainingof employees, and need to review and updateasbestos surveys. Site specific prohibitionnotice served on LA

Wakefield Metropolitan DistrictCouncil

Verification visit todetermine level ofcompliance.

Advice LA has details of schools and types of systembuild premises. Programme of re-surveyingnearing completion. HSE written advice givento review the uptake and implementation ofmanagement plans, and to ensure site plansare up to date.

Waltham Forest (London Boroughof)

Verification visit asinsufficient detailprovided

Two ImprovementNotices.

LA undertaking further inspections of allschools to identify system built premises.Following HSE site inspections two site specificimprovement notices served on LA relating toprovision of asbestos management plans andtraining of site personnel.

Wigan Council Verification visit asinsufficient detailprovided

Advice LA has asbestos management procedures inplace. Arrangements reviewed and advicegiven, including monitoring of schools.

Worcestershire County Council Verification visit todetermine level ofcompliance.

ImprovementNotice

At time of HSE inspection, survey of systembuild premises still on-going. ImprovementNotice served on LA to complete remedialwork on column casings by specified date.Written advice also provided includingupdating of asbestos registers, provision ofmanagement

1st Round of Inspections of Schools Outside LA ControlNovember 2010 – July 2011

1st round of inspections of schools outside LA controlDATE ServedCompliance

SCHOOL TYPE OFSCHOOL.RECEPIENT

INs OFFENCE BREACHES

The Chorister SchoolDurham

IndependentChurch schoolNursery,Primary,Secondary

1 Training of contractors

Note: Included in 14 Oct HSE list but not onHSE enforcement web-site, Details to follow

Note this school isrecorded in the HSEsummary of theround ofinspections but hasnot been put on theHSE enforcementweb site

Headlands SchoolVale of Glamorgan

IndependentSpecial school8-19 years

2 Asbestos management planTraining

Note this school isrecorded in the HSEsummary of the

20

Note: Included in 14 Oct HSE list but not onHSE enforcement web-site, Details to follow

round ofinspections but hasnot been put on theHSE enforcementweb site

13 Jul 11Compliance1 Oct 11

Aylward AcademyEnfield

AcademyLondonAcademiesEnterprise Trust

Secondary

3 INs to carry out Asbestos Survey, produceAsbestos Register and produce APM

Note: Not included in 14 Oct HSE list

3 of HSWA 2/13 of HSWA 3/1

CAR 4/3CAR 4/8CAR 4/9

7 Jun 11Compliance19 Sep 11

Nicholas BreakspearCatholic School

St Albans

CatholicGovernors

VASecondary

2 IN for failure to have an asbestosmanagement plan in place and IN number303323934 for failure to provide employeeswith adequate information, instruction andtraining about the risks and precautionsassociated with working with ACMs.

2 of HSWA 2/1

CAR 10CAR 4/10

7 Jun 11Compliance19 Sep 11Revised12 Oct 11

Stanborough School

Watford

British UnionConference ofSeventh-DayAdventistsIndependentPrimary(and Nursery)

1 IN for failure to have an asbestosmanagement plan in place.

HSWA 2/1HSWA 3/1

CAR 4

DATEServedCompliance



25 May 11Compliance25 Aug 11

Brockhurst &Marlston HouseSchool Ltd

Newbury

LimitedCompanyIndependentPrimary

1 Management of Asbestos, company had nosurvey or management plan for asbestos


HSWA /2

CAR 4/3CAR 4/8

20 May 11Compliance20 Jun 11

Hartlip EndowedPrimary School

SITTINGBOURNEKent

C of EVA

Primary

1 No Asbestos Management Plan in place, normanagement of the risks from asbestos,


15 May 11Compliance10 Jun 11

Earlham PrimarySchoolLondon Borough ofNewham

LondonBorough ofNewham

Local Authorityschool

Primary

1 Premises not thoroughly cleaned of asbestosdebris following disturbance duringrefurbishment work.

HSWA /2/1HSWA /3/1

CAR 17

19 Apr 11Compliance20 Jul 11

Highfields PrivateSchool

RedruthCornwall

IndependentPrimary

Owners

1 No assessment of the presence of AsbestosContaining Materials (ACMs) in the premises.

HSWA 2/1HSWA 3/1

CAR 4/

18 Apr 11Compliance29 Oct 11Revised19 Dec 11

Fochrhiw PrimarySchool

CaerphillyCounty BoroughLocal AuthoritySchool

Primary

2 Potential asbestos disturbance 2 of HSWA 2/12 of HSWA 3/1

CAR 4/6CAR 4/7CAR 4/9CAR 4/10CAR 10




12 Apr 11Compliance30 Jun 11

Thomas MoreCatholic School

Croydon

Catholic school

VASecondary

1 Failure to provide employees that are liableto be exposed to asbestos, or who supervisesuch employees, with adequate information,instruction and training about the risks andprecautions associated with working with

HSWA 2/1HSWA 3/1

CAR 10/1

21

asbestos containing materials

5 Apr 11Compliance8 Jul 11

Kings MonktonSchool

Cardiff

CFBT EducCentre forBritish TeachersCharitable TrustIndependentSecondary

2 no asbestos management plan Notice - -inadequate information, instruction andtraining for employees supervising workwhere people are liable to be exposed toasbestos.


CAR 4CAR 10

31 Mar 11Compliance12 Jul 2011

Westbourne School

Penarth

Montague PlaceLtd

Secondary

LimitedcompanyIndependent

2 Duty to Manage Asbestos (DTM) Inspection.2 Improvement Notices issued. 1) no writtenplan specifying adequate measures formanaging the risks from asbestos at thepremises. 2)employees who supervise orcarry out work where persons are liable to beexposed to asbestos have not been providedwith adequate information, instruction andtraining.

HSWA 2/1HSWA 3/1

CAR 4CAR 10

31 Mar 11Compliance12 Jul 11Revised 23 Oct 11

Cathedral SchoolLlandaff

Cardiff

CathedralSchool Llandaff

Primary

Independent

2 2 Improvement Notices issued. 1) no writtenplan specifying adequate measures formanaging the risks from asbestos at thepremises. 2)employees who supervise orcarry out work where persons are liable to beexposed to asbestos have not been providedwith adequate information, instruction andtraining.

HSWA 2/1HSWA 3/1

CAR 10CAR 4




31 Mar 11Compliance30 Jun 11

The Elms School

Malvern

The Elms(Colwall) Ltd

LimitedcompanyCharity

Independent

Primary

2 requiring review of risk assessment andprovision of an asbestos management plan;requiring training on asbestos management.


CAR 10CAR 4

Management ofHealth & Safety atWork Regs 1999 /13


The Downs MalvernCollege Prep school

Malvern

The DownsMalvern CollegePrep school

Independent

Primary

2 requiring review of risk assessment andprovision of an asbestos management plan;and No. 303200973 requiring training onasbestos management.

2 of HSWA 2/12 of HSWA 3/1CAR 10CAR 4Management ofHealth & Safety atWork Regs 1999 /13

31 Mar 11Compliance1 Aug 11

Azhar Academy GirlsSchool

Azhar AcademyLimitedIslamicmanagement

LimitedcompanyIndependent

Secondary

1 No Asbestos survey CAR 4/3




22

30 Mar 11Compliance24 Jun 11Revised2 Sep 11

The ShrubberySchool

Birmingham

Independent

Primary

Owners

2 Company have failed to demonstrate thatthey have implemented a suitable system tomanage the risks from asbestos in non-domestic premises where they have anobligation for the maintenance or repair ofthese premises.

Note: 2 IN’s were issued but only one was on14 Oct HSE list 303199066 P. Terry.303199342 E. Allen

2 of HSWA /22 of HSWA /3

2 of CAR 4/32 of CAR 4/42 of CAR 4/52 of CAR 4/62 of CAR 4/72 of CAR 4/82 of CAR 4/9 2 of CAR 4/10

23 Mar 11Compliance21 Apr 11Revised3 Jun 11

Palfrey Girls SchoolWalsall

Palfrey GirlsSchool LtdIndependent

LimitedCompany

Secondary

1 Failure to ensure that a suitable andsufficient assessment has been carried out asto whether asbestos is or is liable to bepresent in the premises


HSWA /2HSWA /3CAR 4/3CAR 4/4CAR 4/5

17 Mar 11Compliance30 Jun 11Revised5 Aug 11

Benedict HousePrep School

SidcupKent

Alpha Schoolsltd

LimitedcompanyIndependentPrimary

1 Failure to draw up a plan to manage theasbestos or any asbestos containingsubstances in the premise

HSWA /2/1HSWA /3/1





17 Mar 1127 May 11

NorthwoodPreparatory school

RICKMANSWORTHHertfordshire

NorthwoodPreparatoryschool Trust(Terry’s ) LtdLimitedCompanycharityPrimary

Independent

2 Two Improvement Notices on duty tomanage asbestos & asbestos trainingresulting from Inspection programme onasbestos in schools outside local authoritycontrol.

HSWA 2/1HSWA 3

CAR 4/3CAR 4/8CAR 10

Management ofhealth and safety atwork Regs 199912/112/3


Arnold Hill AcademyArnoldNottingham

FoundationSecondary(Became anAcademy inOctober 2011)

1 Improvement Notice served as no writtenplan for the management of asbestos whichsurveys identify as being present within thefabric of the building.

HSWA /2/1HSWA /3/1

CAR 4/8CAR 4/9

25 Feb 11Compliance25 May 11

Wellow HouseSchool

Newark

Wellow HouseSchool Ltd

Limitedcompany

Nursery Primary

Independent

1 IN for lack of asbestos management plan CAR 4/8CAR 4/9CAR 4/10




23

22 Feb 11Compliance29 Apr 11

Houghton KepierSchool

HOUGHTON LESPRINGTyne & Wear

The GoverningBodyHoughtonKepier TrustFoundationCharitable Trust(Part of the LA’sfamily ofschools)

Secondary

2 IN served for failing to ensure thatprocedures have been prepared which can beput into effect to limit exposure to asbestosfibres and the risks to health in the event ofan unplanned release of asbestos fibres inthe school, parts of which are ‘CLASP’ systembuilt. Improvement . IN served for failing toensure that adequate information,instruction and training is given to those ofyour employees who are or who are liable tobe exposed to asbestos, or who supervisesuch employees.

2 of HSWA /2/12 of HSWA /3/1

CAR 10CAR 15/4

16 Feb 11Compliance 1Apr 11Revised 6May 11

The Skinners KentAcademy

TUNBRIDGE WELLSKent

The SkinnersKent

Academywas VAGrammarschool

Secondary

1 Dutyholder failed to draw up a plan tomanage the asbestos or any asbestoscontaining substances in the premises andrecord how the plan will be implemented.

(large system built complex)

HSWA /2/1HSWA /3/1


8 Feb 11Compliance18 Mar 11

Claremont School

ST. LEONARDS-ON-SEAEast Sussex

ClaremontSchool(St Leonard’sLtd)IndependentLimitedcompanyCharityPrimary

1 requiring assessment of asbestos is or isliable to be present

HSWA /2/1HSWA /3/1

CAR 4

2 Feb 11Compliance6 Apr 11

Shirley High School

CROYDON

Shirley HighSchoolFoundationGovernors(Applying to beAcademy)Secondary

2 Asbestos management plan and training HSWA /2/1

CAR 4/8CAR 4/9CAR 4/10CAR 10




27 Jan 11Compliance15 Jul 11

Lord Grey School

Milton Keynes

Lord GreySchool

FoundationschoolSecondary

1 IN requiring a suitable management plan forasbestos containing materials to be put inplace

HSWA /2/1HSWA /3/1


27 Jan 11Compliance28 Feb 11

Durham High schoolfor girls

Durham

Durham Highschool for girlsIndependent(C of EFoundation?)Primary

1 IN served for failing to ensure adequateinformation, instruction and training is givento those of your employees who are or whoare liable to be exposed to asbestos, or whosupervise such employees.

HSWA /2/1HSWA /3/1

CAR 10

12 Jan 11Compliance1 Apr 11

St. Martin-in-the-Fields High Schoolfor Girls

London

St. Martin-in-the-Fields HighSchool for Girls

C of E VA

Secondary

2 Asbestos training 2 of HSWA /2/1

CAR 4/8CAR 4/9CAR 4/10CAR 10

6 Jan 11Compliance21 Apr 11

Bryanston SchoolBLANDFORDDorset

BryanstonSchool

Independent

Secondary

1 Improvement Notice for Duty to ManageAsbestos


HSWA /2HSWA /3

CAR 4

3 Dec 10Compliance

Bishop Stopford'sSchool

BishopStopford's

2 2 x IN - Training and management Trainingnotice extended to 1-4-11

2 of HSWA /2/1

24

11 Mar 11ENFIELD

SchoolC of EVASecondary

CAR 4CAR 10




24 Nov 10Compliance4 Mar 11

The West LondonAcademy

Northolt

The WestLondon

Academy

(Primarysecondary)

2 2 X INs - management of asbestos - EXPIRY 18MAY 2011 IN on management of asbestosand IN on provision of information,instruction and training.

2 of HSWA /2/1

CAR 4/ 3CAR 10

24 Nov 10Compliance4 Mar 11

St Helen's College

UXBRIDGE

St Helen'sCollege

Independent

Primary

2 IN’s Asbestos training

Note: 2 IN’s were issued but only one was on14 Oct HSE list 302997985 D.A Crehan.302999804 G.R Crehan

2 of HSWA /2/1HSWA /3/1

2 of CAR 10/1

2nd Round of Inspections of Schools Outside LA Control 2013

Note: As at 26th March 2014 HSE has not published the results of the round of inspections.Therefore this list was extracted from the HSE enforcement web-site and it is not known if it is acomplete list.

DATE ServedCompliance

SCHOOL TYPE OFSCHOOL.


2nd round of inspections of schools outside LA control 201316 Dec 2013Compliance28 Mar 2014

Walderslade GirlsSchool Chatham893 pupilsGirls 11-18

Academy 1 Failure to draw up a plan to manageasbestos. Failure to record how plan will beimplemented

HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/ 4 /8CAR 2012/ 4 /9CAR 2012/ 4 /10

16 Dec 2013Compliance28 Mar 2014

Orchards AcademySwanley Kent515Aged 11-18

AcademyThe KemnalAcademiesTrust

1 Failure to draw up a plan to manageasbestos. Failure to record how plan will beimplemented

HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/ 4 /8CAR 2012/ 4 /9CAR 2012/ 4 /10

18 Dec 2013Compliance11 apr 2014

King Edward VIFiveways SchoolBirmingham1,138Aged 11-18

Voluntary AidedGrammar

1 Failure to provide adequate training HSWA 1974 / 2 / 1CAR 2012/10/1CAR 2012/10/2

18 Dec 2013Compliance31 Jan 2014

ChristopherWhiteheadLanguage CollegeBromwichWorcester1,000Aged 11-16

Academy 1 Plan did not include arrangements formonitoring condition of asbestos

HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/ 4/


Netherleigh andRossefield School117 pupilsAged 2-11

Independentprimary

1 Failure to assess whether asbestos present HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/ 12 /

25


Dixons TrinityAcademyAcademy112 pupils in 2012

Academy 1 Failure to assess whether asbestos present HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/4

22 Nov 2013Compliance14 Jan 2014

Westbury HouseSchool New Malden92 pupils aged 3-11

IndependentSchool

1 Failure to assess whether asbestos present HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/4/3

27 Nov 2013Compliance31 Jan 2014

Lyonsdown SchoolNew BarnetHertfordshire216 pupilsaged 3-11

Independentcharitable trust

1 Failed to train staff HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/10

15 Nov 2013Compliance17 Dec 2013

Phoenix Academy30 pupilsAged 5-18

Academy 1 Failure to assess whether asbestos present HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/4/

31 Oct 2013Compliance31 Dec 2014

Purbeck ViewSchool60 pupils aged 7-19

ResidentialIndependentspecial school

1 Failure to manage asbestosNo asbestos management plan

HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/4/CAR 2012 /4/

29 Oct 2013Compliance31 Dec 2014revise 31 Jan2014

Greater GraceChristian SchoolTrust11 pupils aged 8-18

IndependentChristian

1 Failure to assess whether asbestos present HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/4/3

25 Oct 2013Compliance31 Jan 2014

St Georges Schoolfor Girls Edinburgh743 pupils aged 2-18 day and boarding

Independent 1 Failure to draw up a management planFailure to record how plan will beimplemented

HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/4/8CAR 2012 /4/9CAR 2012 /4/10

15 Oct 201431 Dec 2013

St Osmonds CE(Aided) MiddleSchool619 pupilsaged 9-13

Church ofEnglandVoluntary Aided

1 Failed to manage the risksNo written plan

HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/4/

15 Oct 201431 Dec 2014

Leaf AcademyBournemouth1168 pupilsaged 0-19

Academy 1 No written asbestos management plan HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/4/CAR 2012/4/

14 Oct 201431 Dec 2014

Kings School Bruton350 pupils aged 13-18

Independent 1 Failure to manage risks from asbestos.Inadequate survey. Areas not surveyed

HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/4/3

11 Oct 201410 Jan 2014

Chinthurst SchoolTadworth112 pupils Aged 2-13

Independent 1 No asbestos management plan HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/4/

26 Jul 201320 Sep 2013

Eccles Hall School234 pupils aged 5-19. Mostly day afew boarding.

IndependentSpecial School

1 Failure to assess whether asbestos present HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/4/3CAR 2012/4/4

27 Jun 2013Compliance11 Oct 2013Revised25 Oct 2013

Heathfield SchoolKidderminster325 pupils aged 5-16

Independentnon-denominational

1 No written planPeople not informed

HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/4/8CAR 2012/4/9

17 May 2013Compliance18 Aug 2013Revised3 Oct 2014

St Bedes SchoolWolseley BridgeSTAFFORD70 pupilsaged 2-14 boarding

Roman CatholicIndependent.

1 Failure to manage asbestos HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1CAR 2012/4

17 Apr 2014Compliance

The HarveyAcademy

GrammarAcademy

1 Failed to manage asbestosFailed to have an accurate written plan

HSWA 1974 / 2 / 1HSWA 1974 / 3 / 1

26

17 May 2014 Folkestone992 pupils aged 11-18

Failed to inform people of location ofasbestosFailed to monitor condition of asbestos

CAR 2012/4/4CAR 2012/4/5CAR 2012/4/6CAR 2012/4/7CAR 2012/4/8CAR 2012/4/9CAR 2012/4/10

Annex 2: HSE improvement notices in schools and colleges.December 2006 to December 2013

The following has two lists:

The first is a list of 117 Improvement Notices and 3 Prohibition Notices issued by HSE because offailures to manage asbestos in schools and colleges over the last 5 years from January 2009 toDecember 2013.

The second is a list of 23 Improvement Notices and 1 Prohibition Notices issued by HSE because offailures to manage asbestos in schools and colleges over from December 2006.

See: HSE Enforcement action in schools and colleges under CAR 2012:http://www.hse.gov.uk/notices/notices/notice_list.asp?PN=1&ST=N&CO=%2C+AND&SN=F%2C+P&x=21&SF=SICD%2C+%7C%2C+REG%2C+%7C&EO=LIKE%2C+%3D&SV=Education%2C+%7C%2C+1114%2C+%7C&y=11&SO=DNIS

HSE Enforcement action in schools and colleges under CAR 2006:

http://www.hse.gov.uk/notices/notices/notice_list.asp?ST=N&CO=%2C+AND%2C+AND&SN=F%2C+P&SF=SICD%2C+%7C%2C+REG%2C+%7C&EO=LIKE%2C+%3D&SV=Education%2C+%7C%2C+1098%2C+%7C&x=27&y=7

Enforcement last five years305227689 Walderslade

Girls SchoolImprovementNotice

16/12/2013 MedwayTowns UA

GENERAL SECONDARY EDUCATION

305236180 ChristopherWhiteheadLanguageCollege

ImprovementNotice

18/12/2013 Worcester GENERAL SECONDARY EDUCATION

305238463 King EdwardVI Five WaysSchool

ImprovementNotice

18/12/2013 Birmingham GENERAL SECONDARY EDUCATION

305227560 The KemnalAcademiesTrust

ImprovementNotice

16/12/2013 Sevenoaks GENERAL SECONDARY EDUCATION

305220581 Mrs RuthMidgely

ImprovementNotice

12/12/2013 Bradford PRIMARY EDUCATION

305216326 Dixons CityAcademyCharitableTrust

ImprovementNotice

11/12/2013 Bradford GENERAL SECONDARY EDUCATION

305187007 LyonsdownSchool TrustLimited

ImprovementNotice

27/11/2013 Barnet PRIMARY EDUCATION

305172766 PaddenswickLtd

ImprovementNotice

22/11/2013 Kingston-upon-

PRIMARY EDUCATION

27

Thames

305163083 The Trusteesof N.L.MTrust

ImprovementNotice

15/11/2013 Enfield OTHER EDUCATION NEC

305133194 CambianAutismServices Ltd

ImprovementNotice

31/10/2013 Purbeck GENERAL SECONDARY EDUCATION

305115715 GreaterGraceChristianSchool Trust

ImprovementNotice

29/10/2013 CheshireWest andChester UA


305080405 St Osmund's CE (Aided)Middle School

Improvement Notice 15/10/2013 West Dorset GENERAL SECONDARY EDUCATION

305086635 Leaf Academy Improvement Notice 15/10/2013 Bournemouth UA GENERAL SECONDARY EDUCATION305079584 Kings School Bruton Improvement Notice 14/10/2013 South Somerset PRIMARY EDUCATION

305068774 Chinthust SchoolEducational Trust Limited

Improvement Notice 11/10/2013 Reigate &Banstead

PRIMARY EDUCATION

304900252 Eccles Hall School Limited Improvement Notice 26/07/2013 Breckland PRIMARY EDUCATION304839009 Heathfield Educational

TrustImprovement Notice 27/06/2013 Wyre Forest PRIMARY EDUCATION

304746993 St Bede's School Limited Improvement Notice 17/05/2013 Stafford PRIMARY EDUCATION304682014 The Harvey Academy Improvement Notice 17/04/2013 Shepway GENERAL SECONDARY EDUCATION304261216 Ryders Hayes Academy

TrustImprovement Notice 01/10/2012 Walsall GENERAL SECONDARY EDUCATION

304153614 The Williamson Trust Improvement Notice 03/08/2012 Medway Towns UA GENERAL SECONDARY EDUCATION

305107277 St George's School forGirls

Improvement Notice 25/10/2013 Edinburgh UA GENERAL SECONDARY EDUCATION

304153285 George Bros (Builders)Ltd

Prohibition NoticeImmediate

01/08/2012 Taunton Deane BUILDERS CARPENTRY/JOINERY NEC

304110018 St Johns School & College Improvement Notice 16/07/2012 Brighton & HoveUA

OTHER EDUCATION NEC

304126232 Kinderkare Day NurseriesLtd

Improvement Notice 16/07/2012 Worcester PRIMARY EDUCATION

303780685 The Governing Body ofthe Royal Liberty School

Improvement Notice 02/02/2012 Havering GENERAL SECONDARY EDUCATION

303684642 Al-Madani EducationalTrust Gloucester

Improvement Notice 09/12/2011 Gloucester GENERAL SECONDARY EDUCATION

303323941 British Union Conferenceof Seventh-Day Adventist

Improvement Notice 07/06/2011 Watford PRIMARY EDUCATION

303323901 The Governing Body ofNicholas BreakspearCatholic

Improvement Notice 07/06/2011 St Albans GENERAL SECONDARY EDUCATION

303323934 The Governing Body ofNicholas BreakspearCatholic

Improvement Notice 07/06/2011 St Albans GENERAL SECONDARY EDUCATION

303302891 Brockhurst & MarlstonHouse Schools Limited

Improvement Notice 25/05/2011 West Berkshire UA PRIMARY EDUCATION

28

303296765 Hartlip Endowed CEPSchool

ImprovementNotice

20/05/2011 Swale PRIMARYEDUCATION

303278036 London Borough ofNewham

ImprovementNotice

12/05/2011 Newham LB PRIMARYEDUCATION

303224862 Highfields Private School ImprovementNotice

19/04/2011 Cornwall UA PRIMARYEDUCATION

303238656 Caerphilly CountyBorough Council

ImprovementNotice

18/04/2011 Caerphilly UA PRIMARYEDUCATION

303238675 Caerphilly CountyBorough Council

ImprovementNotice

18/04/2011 Caerphilly UA PRIMARYEDUCATION

303234436 Action for Children ImprovementNotice

14/04/2011 Vale of Glamorgan UA GENERALSECONDARYEDUCATION

303234454 Action for Children ImprovementNotice


303225616 Thomas More CatholicSchool

ImprovementNotice

12/04/2011 Croydon GENERALSECONDARYEDUCATION

303210317 CFBT Education Trust ImprovementNotice

05/04/2011 Cardiff UA GENERALSECONDARYEDUCATION

303210741 CFBT Education Trust ImprovementNotice

05/04/2011 Cardiff UA GENERALSECONDARYEDUCATION

303190764 Montague Place Ltd ImprovementNotice


303190794 Montague Place Ltd ImprovementNotice


303190826 Cathedral School Llandaff ImprovementNotice

31/03/2011 Cardiff UA PRIMARYEDUCATION

303190845 Cathedral School Llandaff ImprovementNotice

31/03/2011 Cardiff UA PRIMARYEDUCATION

303200294 The Elms (Colwall)Limited

ImprovementNotice

31/03/2011 Malvern Hills PRIMARYEDUCATION

303200348 The Elms (Colwall)Limited

ImprovementNotice

31/03/2011 Malvern Hills PRIMARYEDUCATION

303201766 Azhar Academy Limited ImprovementNotice

31/03/2011 Newham LB GENERALSECONDARYEDUCATION

303199066 Paul Terry ImprovementNotice

30/03/2011 Birmingham PRIMARYEDUCATION

303199342 Eric Allen ImprovementNotice

30/03/2011 Birmingham PRIMARYEDUCATION

303183384 Palfrey Girls School ImprovementNotice

23/03/2011 Walsall GENERALSECONDARYEDUCATION

303170295 Alpha Schools Limited ImprovementNotice

17/03/2011 Bexley PRIMARYEDUCATION

303176042 Northwood PreparatorySchool Trust ( Terry's) Ltd

ImprovementNotice

17/03/2011 Three Rivers PRIMARYEDUCATION

303176176 Northwood PreparatorySchool Trust ( Terry's) Ltd

ImprovementNotice

17/03/2011 Three Rivers PRIMARYEDUCATION

303143905 Arnold Hill School ImprovementNotice

03/03/2011 Gedling GENERALSECONDARY

29

EDUCATION

303613666 Azhar Academy Limited Improvement Notice 01/11/2011 Newham LB GENERAL SECONDARY EDUCATION303403277 Aylward Academy Improvement Notice 13/07/2011 Enfield GENERAL SECONDARY EDUCATION303403312 Aylward Academy Improvement Notice 13/07/2011 Enfield GENERAL SECONDARY EDUCATION

303403359 Aylward Academy Improvement Notice 13/07/2011 Enfield GENERAL SECONDARY EDUCATION

303200954 The DownsMalvern CollegePrep School

ImprovementNotice

31/03/2011 Malvern Hills PRIMARY EDUCATION

303200973 The DownsMalvern CollegePrep School

ImprovementNotice

31/03/2011 Malvern Hills PRIMARY EDUCATION

303131785 Wellow HouseSchool Limited

ImprovementNotice

25/02/2011 Newark &Sherwood

PRIMARY EDUCATION

303126719 The GoverningBody of HoughtonKepier School

ImprovementNotice

22/02/2011 Sunderland GENERAL SECONDARY EDUCATION

303126746 The GoverningBody of HoughtonKepier School

ImprovementNotice

22/02/2011 Sunderland GENERAL SECONDARY EDUCATION

303092067 The Skinners KentAcademy

ImprovementNotice

16/02/2011 TunbridgeWells


303077893 Durham HighSchool for Girls

ImprovementNotice

27/01/2011 DurhamCounty UA

PRIMARY EDUCATION

303062655 St Martin-in-the-Fields High Schoolfor Girls

ImprovementNotice

12/01/2011 Lambeth GENERAL SECONDARY EDUCATION

303073547 St Martin-in-the-Fields High Schoolfor Girls

ImprovementNotice

12/01/2011 Lambeth GENERAL SECONDARY EDUCATION

303103253 Claremont School(St. Leonards)Limited

ImprovementNotice

08/02/2011 Rother PRIMARY EDUCATION

303088666 Shirley HighSchool

ImprovementNotice

02/02/2011 Croydon GENERAL SECONDARY EDUCATION

303088683 Shirley HighSchool

ImprovementNotice

02/02/2011 Croydon GENERAL SECONDARY EDUCATION

30

303076184 Lord Grey School ImprovementNotice

27/01/2011 Milton KeynesUA


303039382 Bryanston SchoolLtd

ImprovementNotice

06/01/2011 North Dorset GENERAL SECONDARY EDUCATION

303001365 Bishop Stopford'sSchool

ImprovementNotice

03/12/2010 Enfield GENERAL SECONDARY EDUCATION

303001377 Bishop Stopford'sSchool

ImprovementNotice

03/12/2010 Enfield GENERAL SECONDARY EDUCATION

302988099 The West LondonAcademy

ImprovementNotice

24/11/2010 Ealing GENERAL SECONDARY EDUCATION

302993199 The West LondonAcademy

ImprovementNotice

24/11/2010 Ealing GENERAL SECONDARY EDUCATION

302997985 D A Crehan ImprovementNotice

24/11/2010 Hillingdon PRIMARY EDUCATION

302999804 G R Crehan ImprovementNotice

24/11/2010 Hillingdon PRIMARY EDUCATION

302806848 University OfWarwick

ProhibitionNoticeImmediate

25/08/2010 Coventry OTHER EDUCATION NEC

302741379 University ofLincoln

ImprovementNotice

22/07/2010 Lincoln HIGHER EDUCATION

302693082 London Boroughof Harrow

ImprovementNotice

30/06/2010 Harrow PRIMARY EDUCATION

302693121 London Boroughof Harrow

ImprovementNotice

30/06/2010 Harrow PRIMARY EDUCATION

302685456 KingswoodFoundation Ltd

ImprovementNotice

25/06/2010 South GloucsUA

OTHER EDUCATION NEC

302598149 Bedford BoroughCouncil

ImprovementNotice

06/05/2010 CentralBedfordshireUA

PRIMARY EDUCATION

302559484 Medway Council ImprovementNotice


PRIMARY EDUCATION

302559514 Medway Council ImprovementNotice



302543496 HarrabinConstructionLimited


17/03/2010 Coventry CONSTRUCTION COMMERCIAL BLDGS

302493365 Moreton HallEducation Trust

ImprovementNotice

15/03/2010 Shropshire UA PRIMARY EDUCATION

302492429 Kent CountyCouncil

ImprovementNotice

09/03/2010 Tonbridge &Malling

PRIMARY EDUCATION

302492496 Kent CountyCouncil

ImprovementNotice

09/03/2010 Maidstone PRIMARY EDUCATION

302623787 Richmond, TheAmericanInternationalUniversity in

ImprovementNotice

21/05/2010 Kensington &Chelsea

OTHER EDUCATION NEC

302553613 DoncasterMetropolitanBorough Council

ImprovementNotice

13/04/2010 Doncaster HIGHER EDUCATION

302553678 DoncasterMetropolitanBorough Council

ImprovementNotice

13/04/2010 Doncaster HIGHER EDUCATION

302522142 RGS Worcester &The Alice OttleySchool

ImprovementNotice


302522163 RGS Worcester &The Alice OttleySchool

ImprovementNotice


302493365 Moreton HallEducation Trust

ImprovementNotice

15/03/2010 Shropshire UA PRIMARY EDUCATION

302393511 Barnet LondonBorough Council

ImprovementNotice


31

302362692 NIW UK Limited ProhibitionNoticeImmediate

22/12/2009 Cornwall UA DEMOLITION

302362717 Carmel MinistriesInternational

ImprovementNotice

21/12/2009 Bristol UA RELIGIOUS ORGANISATIONS

302393210 William Skinner &Son

ImprovementNotice

21/12/2009 Barnet CONSTRUCTION OF BUILDINGS

302393511 Barnet LondonBorough Council

ImprovementNotice


302393677 Mark Dearman t/aMD ElectricalServices

ImprovementNotice

21/12/2009 Barnet ELECTRICAL INSTALLATION

302372178 M D Data Limited ImprovementNotice

11/12/2009 Birmingham OTHER IT/COMPUTER SRVICE ACTIV

302245021 Swakeleys School ImprovementNotice

20/10/2009 Hillingdon GENERAL SECONDARY EDUCATION

302245303 AbbotsfieldSchool

ImprovementNotice

20/10/2009 Hillingdon GENERAL SECONDARY EDUCATION

302161187 Birmingham CityCouncil


28/07/2009 Birmingham PRIMARY EDUCATION

301958002 Healing School ASpecialist Science& Foundation C

ImprovementNotice

13/05/2009 North EastLincolnshire


301831153 Guildford Collegeof Further andHigher Education

ImprovementNotice

26/02/2009 Waverley HIGHER EDUCATION

301846895 ChaucerTechnology School

ImprovementNotice

12/01/2009 Canterbury GENERAL SECONDARY EDUCATION

Enforcement greater than 5 years.

300915118 Walsall Metropolitan BoroughCouncil

Improvement Notice 12/09/2007 Walsall PRIMARY EDUCATION



















32





300866221 City of Edinburgh Council Improvement Notice 29/08/2007 Edinburgh UA GENERAL SECONDARY EDUCATION300828881 Sandwell Metropolitan

Borough CouncilImprovement Notice 02/08/2007 Sandwell GENERAL SECONDARY EDUCATION

300829382 Sandwell MetropolitanBorough Council

Improvement Notice 02/08/2007 Sandwell GENERAL SECONDARY EDUCATION






Improvement Notice 02/08/2007 Dudley GENERAL SECONDARY EDUCATION

300808665 St Chad's College Prohibition NoticeImmediate

23/07/2007 Durham CountyUA

HIGHER EDUCATION

300705341 City of Edinburgh Council Improvement Notice 25/05/2007 Edinburgh UA GENERAL SECONDARY EDUCATION

300500628 Cardiff County Council Improvement Notice 08/01/2007 Cardiff UA GENERAL SECONDARY EDUCATION300500642 Cardiff County Council Improvement Notice 08/01/2007 Cardiff UA GENERAL SECONDARY EDUCATION

300471647 Cardiff County Council Improvement Notice 07/12/2006 Cardiff UA GENERAL SECONDARY EDUCATION

Annex 3: Prosecutions

Details for Case No. 4341459

Defendant Equitas Academies Trust

Description Equitas Academies Trust, owner and operator of Aston Manor Academy, Aston, Birmingham,appointed a contractor to undertake window replacement works in June 2012. They did notprovide a refurbishment/demolition asbestos survey to the contractors, did not have anasbestos management plan in place, and no member of Academy Staff had training in therequirements of construction client duties or asbestos survey management, and the SiteManager directed to contractors that no asbestos was present in the window area. AsbestosInsulating Board packers were, which were disturbed during the window removal work andlead to contamination of two school rooms. Equitas Academies Trust were thereforeprosecuted under Section 3 (1) of the Health and Safety at Work etc Act 1974 for failing toconduct its undertaking, in such a way as to ensure, so far as is reasonably practicable, thatpersons not in your employment who may have been affected thereby, were not therebyexposed to risks to their health or safety, namely exposure to asbestos containing materials.

OffenceDate

06/06/2012

Total Fine £7,500.00 Total Costs Awarded to HSE £3,000.00

Breach involved in this Case

Location of Offence

Region Midlands

Local Authority Birmingham

Industry Total service industries

Address Aston Manor AcademyPhilip StreetBirminghamWest MidlandsB6 4PZEngland

Main Activity 85310 - GENERALSECONDARY EDUCATION

33

Type of Location

HSE Details

HSE Group CDOP3GRP12 HSE Directorate Field OperationsDirectorate

HSE Area HSE Division West Midlands

Case No. 4341459 Details for Breach 01


Court Name Birmingham Court Level Magistrates Court

Act Health and Safety At Work Act 1974, Section 3, Sub Section 1

Regulation

Date of Hearing 14/11/2013

Result Fine

Fine £7,500.00

Case Details

Location of Offence

Region Midlands





Type of Location

HSE Details



_________________________-


Defendant Sherborne School for Boys

Description Failure to identify and pass on information about the location of asbestos caused asbestos to bedisturbed during refurbishment work leading to the exposure of a number of workers.

Offence Date 06/07/2009


Breaches involved in this Case

Location of Offence

Region Wales & South WestAddress SherborneSchool/Sherborne SchSherborne School Local Authority North Dorset

34



Abbey RoadSHERBORNEDorsetDT9 3APEngland

Type of Location Fixed

HSE Details


HSE Area HSE Division South West

Case/Breach Defendant's Name HearingDate

Result Fine £ Act orRegulation

42312840/01 SherborneSchool forBoys

13/07/2012 Guilty-Fine

30,000.00 The Control of Asbestos Regulations 2006 / 4 / 8



30,000.00 The Construction (Design & Management) Regulations 2007 / 14 /

___________________________


Defendant G Evans (Services) Ltd

Description 13 February 2009 - Disturbance of asbestos insulation board within occupied GlenthornePrimary School




Location of Offence

Region Midlands

Local Authority South Staffordshire

Industry Manufacturing

Address Glenthorne DriveCannockStaffordshire

England

Main Activity 16230 - BUILDERSCARPENTRY/JOINERYNEC

35

Type of Location

HSE Details

HSE Group CENTOP2GP6 HSE Directorate Field OperationsDirectorate



Result Fine £ Act or Regulation

41908540/01 G Evans (Services) Ltd 14/12/2012 Guilty-Fine

4,000.00 Health and Safety At Work Act 1974 / 2 / 1



____________________________-Details for Case No. 4205851

Defendant Birmingham City Council

Description In July 2009 a serious asbestos incident occurred at the William Cowper school, whenrefurbishment contractors removed seven ceilings of AIB tiles. The contractors whoremoved the AIB tiles were not licensed contractors.



Breaches involved in this CaseRelated Cases

Location of Offence

Region Midlands


Address William CowperCommunity PrimaWilliam Cowper PrimarySchoolChilwell CroftNewtownBIRMINGHAMWest Midlands

Industry Total serviceindustries

36

Main Activity 85200 - PRIMARYEDUCATION

B19 2QHEngland


HSE Details

HSE Group CDOP3FMU81 HSE Directorate Field OperationsDirectorate


42058510/01 BirminghamCity Council






____________________________


Defendant Thurrock Council

Description Stifford Clays Junior School is operated by Thurrock Council, and it employs the staff at thisschool. In 2003/4 a Type 2 Asbestos survey was carried out at the school and asbestos fibresfound in the boiler house dust / debris. The report recommended that this dust / debris wasimmediately removed by a licensed contractor, however this did not happen. On inspection ofthe school on 20 April 2010, it was clear that this dust had still not been removed. On 22 AprilHSL took samples from the boiler house, following which, a PN was served prohibiting entryuntil the area had been assessed and remedial action taken.

OffenceDate

06/08/2004



Location of Offence

Region East & South East

Local Authority Thurrock UA



Address Stifford Clays JuniorSchool/TWhitmore AveGRAYSEssexRM16 2STEngland


HSE Details

HSE Group SOUTHOP2G8 HSE Directorate Field OperationsDirectorate

37

HSE Area HSE Division East



Court Name Basildon Court Level Crown Court


Regulation


Result Fine

Fine £35,000.00

Case Details

Location of Offence







HSE Details



_______________________________

http://www.hse.gov.uk/prosecutions/case/case_list.asp?ST=C&EO=LIKE&SN=F&SF=SICD&SV=education&x=27&y=10


Defendant City of Edinburgh Council

Description Failure to manage asbestos resulting in exposure of employees.

38


Total Fine £14,000.00 Total Costs Awarded to HSE £0.00


Location of Offence

Region Scotland

Local Authority Edinburgh UA


Main Activity 85310 - GENERALSECONDARYEDUCATION

Address Castlebrae HighSchool/City of2a Greendykes RoadEDINBURGHEH16 4DPScotland


HSE Details

HSE Group SOP1FMU4 HSE Directorate Field OperationsDirectorate

HSE Area HSE Division Scotland

41146750/01 City ofEdinburghCouncil


3,500.00 The Control of Asbestos Regulations 2006 / 11 /










__________________________Details for Case No. 4248605

39

Defendant University of Lincoln

Description Prosecution following exposure to asbestos. University of Lincoln - duty to manage ACM -2/03 - FMU06 Employees complained on 24 Feb 2010 re asbestos damage however it wasn'tdealt with untl 26th. No repairs have taken place.

OffenceDate

01/07/2007



Location of Offence

Region Midlands

Local Authority Lincoln


Main Activity 85400 - HIGHEREDUCATION

Address University of LincolnEstates and FacilitiesBrayford PoolLINCOLNLincolnshireLN6 7TSEngland


HSE Details

HSE Group MOP1FMU17 HSE Directorate Field OperationsDirectorate

HSE Area HSE Division East Midlands



Court Name Lincoln Court Level Magistrates Court

40

Act

Regulation Management of Health & Safety at Work Regulations 1999 (No 5) para 1


Result Fine

Fine £5,000.00

Case DetailsOther Breaches in this case

Location of Offence

Region Midlands






HSE Details



Case/Breach

Defendant's Name Hearing

Date


42486050/01

University of Lincoln 16/11/2011

Guilty-Fine

5,000.00

Management of Health & Safety atWork Regulations 1999 / 5 / 1

42486050/02


Guilty-Fine

5,000.00


_____________________________

41

Building firm fined after asbestos disturbed at primary schoolDate:

19 August 2010

Release No:

WM211/10

A Solihull building firm has been fined £1,000 after failing to take precautions against asbestos whileworking at a school.The Health and Safety Executive (HSE) prosecuted the company after bosses at GreswoldeConstruction Ltd of Station Road, Knowle, failed to warn its employees that the substance waspresent despite being in possession of a survey detailing where the asbestos was.The company pleaded guilty to a breach of regulation 10(1) and one of 11(1)(a) of the Control ofAsbestos Regulations 2006. As well as the fine it was also ordered to pay £2,268 costs.Stratford-upon-Avon Magistrates Court heard how on 9 July 2009 the firm was contracted to carryout building work on an extension at Rokeby Primary School in Rugby.Three employees were carrying out the work when they disturbed an area containing asbestos.Despite the company being in possession of a Type 3 Asbestos Survey detailing the materials thatwere disturbed, and the fact that children were occupying adjacent classrooms, it still gave the goahead for the workers to begin to strip out the area.None of workers had been informed of the presence of asbestos on the site and had not receivedasbestos awareness training or protection.HSE inspector Paul Cooper said:"The dangers of asbestos are well known in the building industry so for the managers of GreswoldeConstruction not to inform their employees of its presence shows a complete disregard for theirsafety and wellbeing."What makes it worse is that this work was being carried out in a primary school where youngchildren were in the next room."We can't stress enough how important it is for anyone carrying out building work to obtain theproper asbestos surveys and then act upon them."

_____________________________

Survey company prosecuted as HSE campaign to raise awarenessof asbestos danger beginsDate:

17 October 2008

Release No:

COI/W/HSE 588

42

An asbestos surveying company has been fined after being prosecuted by the Health and Safety Executive

(HSE) for failing to identify asbestos insulation board in school buildings in Rhondda Cynon Taf during a series of

type 2 asbestos surveys carried out for the Authority.

Normandie Analytical Services Ltd ("The Company") carried out the surveys at Cardinal Newman

Comprehensive School in Pontypridd, and Aberdare Boys School, Aberdare. Both surveys were inadequate in

that the Company failed to identify the presence of asbestos in a number of areas within the schools.

HSE's investigation followed an incident at Cardinal Newman Comprehensive School when asbestos insulation

board was unintentionally disturbed by construction workers. This resulted in the construction workers being

exposed to a potential risk to their health.

The Company, whose head office is in Guernsey, have branches across the UK including Bridgend, were

prosecuted for two breaches of Section 3(1) of the Health and Safety at Work etc Act 1974 and pleaded guilty at

a hearing in Llwynypia Magistrates Court on 16th October 2008. They were fined £18,000 and ordered to pay

over £21,000 in costs.

HSE inspector Steve Lewis said: "This case demonstrates a failure by this Company to carry out systematic and

comprehensive checks for asbestos.

"While asbestos is the greatest single cause of work related deaths in the UK, it is present in many public

buildings, and poses no threat whatsoever when it remains in a sealed or undisturbed state. Exposure to

asbestos can only be prevented if the locations of asbestos materials are known. Asbestos surveys need to be

accurate, thorough and comprehensive so that asbestos in buildings can be properly managed. In this case the

Company clearly did not have appropriate quality control checks in place, which resulted in the material being

disturbed."

Following the incident at Cardinal Newman Comprehensive School the construction workers were advised on

precautions that should be taken and the School engaged an asbestos removal company to make the area safe.

____________________________

Unlicensed asbestos removal will be penalised warns HSE

Date:

4 September 2009

43

Release No:

HSE/YH/332/2009

The Health and Safety Executive (HSE) is warning the building trade that companies and contractors will face prosecution if

they remove asbestos without a licence.

It follows HSE's successful prosecution today (4 September) of three contractors who carried out unlicensed asbestos removal

at Kelford School in Rotherham in 2006.

Mansell Build Ltd (previously Birse Build Ltd) of Cheadle Hulme, Cheshire,was fined £12,500 and ordered to pay £12,500

costs. Andrew Brightmore, a former manager of ARB Agriplant Ltd was fined £2,500 and ordered to pay £500 costs and Gary

Cusack was fined £500 and ordered to pay £250 costs. Both are of Thurcroft, Rotherham. All were prosecuted for health and

safety breaches at Rotherham Magistrates' Court.

Mansell Build Ltd, the principal contractor, was employed to carry out work to remove asbestos insulating board ceilings at the

school. The work should have been carried out by a contractor licensed by HSE, but the company contracted to carry out the

work, ARB Agriplant Ltd, did not have a licence.

Now in administration, ARB Agriplant Ltd then subcontracted the work to Gary Cusack, another unlicensed contractor.

All contractors failed to implement basic requirements to prevent the spread and exposure to asbestos to both those removing

the materials and to others working at the school at the time.

After the removal work had been completed, Mansell Build Ltd allowed other contractors to work in those areas without

verifying which areas were free from asbestos. It was then found that these areas were contaminated with asbestos.

Following the incident ARB Agriplant Ltd provided a forged asbestos licence and a falsified clearance certificate to Mansell

Build Ltd, claiming that the work had been undertaken by a licensed contractor and that the area was free from asbestos.

Speaking after the case, HSE inspector David Bradley said:

"Those responsible for employees have a legal duty to protect their health and safety and in the case of asbestos they should

know that any disturbance of such a dangerous material should only be tackled by licensed workers.

"In this case, the contractors responsible put others in a dangerous situation, which could have been avoided had the work

been carried out by a licensed contractor.

44

____________________________-

Council fined after school caretaker exposed to asbestos

Date:

05 September 2008

Release No:

NE/451/08

The Health and Safety Executive (HSE) is warning employers they must ensure all relevant employees are aware of the

location of asbestos in the workplace after a school caretaker was exposed to hazardous dust.

North Tyneside Council today pleaded guilty to five breaches of the Control of Asbestos at Work Regulations 2002. It was fined

£17,005 and ordered to pay £3,911 costs at North Tyneside Magistrates' Court.

HSE Inspector Stephen Britton said:

"North Tyneside Council was found to have breached the regulations in March 2006, at Wallsend Jubilee Primary School in

Mullen Road, which is owned by the council. The school caretaker swept the school boiler house on two separate occasions,

unaware that it was contaminated with asbestos. This posed a huge risk to the caretaker's health: every year, 4000 people die

of work-related asbestos diseases, more than are killed on the roads.

The boiler house had been quarantined due to the presence of asbestos, and although the previous caretaker and headteacher

were aware of the contamination, the replacement staff were not informed. There were no signs indicating that the area had

been quarantined and the caretaker only became aware of the risk of exposure after an asbestos removal company visited the

school to undertake work.

This type of incident was likely to occur sooner or later. It was foreseeable that caretakers and service engineers would require

access to the boiler house for routine or emergency repairs, but no instruction, training, protective equipment, washing or

disposal arrangements were in place to safeguard this vulnerable group.

The regulations require those with responsibilities for the repair and maintenance of non-domestic premises to find out if there

are, or may be, asbestos-containing materials within them. It also requires them to record the location and condition of such

materials, and then assess and manage any risk from them, including passing on information about their location and condition

to anyone liable to disturb them.

45

Local authorities and employers in general have a duty to ensure that any asbestos present in premises is managed properly,

and need to warn anybody likely to come into contact with it of the danger it poses to their health."

________________________________

Details of cases with HSE press releases

Prosecution 14 November 2013Aston Manor Academy

864 pupils

AIB disturbed during window replacementNo management planLack of trainingDid not provide refurbishment survey



Description Equitas Academies Trust, owner and operator of Aston Manor Academy, Aston, Birmingham,appointed a contractor to undertake window replacement works in June 2012. They did notprovide a refurbishment/demolition asbestos survey to the contractors, did not have anasbestos management plan in place, and no member of Academy Staff had training in therequirements of construction client duties or asbestos survey management, and the SiteManager directed to contractors that no asbestos was present in the window area. AsbestosInsulating Board packers were, which were disturbed during the window removal work andlead to contamination of two school rooms. Equitas Academies Trust were thereforeprosecuted under Section 3 (1) of the Health and Safety at Work etc Act 1974 for failing toconduct its undertaking, in such a way as to ensure, so far as is reasonably practicable, thatpersons not in your employment who may have been affected thereby, were not therebyexposed to risks to their health or safety, namely exposure to asbestos containing materials.

OffenceDate

06/06/2012



Location of Offence

Region Midlands





Type of Location

HSE Details

HSE Group CDOP3GRP12 HSE Directorate Field Operations

46

Directorate




Court Name Birmingham Court Level Magistrates Court


Regulation


Result Fine

Fine £7,500.00

Case Details

Location of Offence

Region Midlands





Type of Location

HSE Details



AIB removed with crowbars. Academy fined.http://press.hse.gov.uk/2013/school-and-glass-contractor-fined-for-asbestos-failings/HSE press release: School and glass contractor fined for asbestos failingsDate:14 November 2013A Birmingham academy and a glass company have been fined for failing to properly managerefurbishment works and exposing workers to asbestos.

Equitas Academies Trust, the owner and operator of Aston Manor Academy, and Birmingham GlassServices Ltd were jointly prosecuted by the Health and Safety Executive (HSE) after an investigationfound they put employees at unnecessary risk in the incident on 6 June 2012.

Birmingham Magistrates’ Court heard today (14 November) that Equitas Academies Trust undertooka project in the spring and summer of 2012 to replace old windows at the academy. The schoolappointed Birmingham Glass Services Ltd (BGS) to do the work, having previously used the companyfor other projects.

The court was told that four BGS workers attended the site, but did not receive an induction by anyemployee of Equitas Academies Trust. Nor was any information provided to the glass company’semployees on the location of any asbestos containing materials. The school’s site manager told theBGS employees that ‘to the best of his knowledge’ there was no asbestos containing materials in thewindow area.

47

While removing the windows, two of the BGS employees encountered strips of asbestos insulatingboard (AIB) packers, which prevented them from installing the new windows. The packers wereremoved from the frame using a crowbar, then snapped and dumped next to an asbestosdecontamination unit on the school site that was being used for unrelated work by licensed asbestosremoval contractors.

HSE found that along with not receiving information on where asbestos could be found in thebuilding, these two employees had not received asbestos awareness training; and had not beenprovided with any form of personal protective equipment, such as face masks or protective clothing.They were therefore exposed to loose asbestos fibres while removing the asbestos packers andbreaking them into pieces.

Magistrates also heard there were no emergency procedures in place for the employees if asbestoswas disturbed.

The incident cost the school £20,000 through decontamination and replacement of floor coverings.Soft furnishings and children’s work had to be disposed of and parts of the school could not be usedfor the second part of the summer term.

Birmingham Glass Services Ltd, of Lightning Way, West Heath, Birmingham, was fined £5,000 andordered to pay £1,969 in costs after pleading guilty to breaching Section 2(1) of the Health andSafety at Work etc Act 1974.

Equitas Academies Trust, of Phillips Street, Aston, Birmingham, was fined £7,500 with £3,000 in costsafter pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

After the hearing HSE inspector Paul Thompson said:“This incident would have been avoided had the academy put procedures in place to ensure thatrelevant parties understood their duties around minimising the risk of asbestos exposure inside theschool.

“Although the school had not been under local authority control since 2011, it failed to ensureemployees and management received adequate training to make up for the loss of local authoritysupport and ensure that a suitable asbestos management plan was in place.

“By not providing asbestos awareness training to their operatives and not taking steps to ensure thatthey had information on where asbestos was in the premises before works commenced, BirminghamGlass Services Ltd failed in their duty to protect their employees and members of the public frompotential exposure to asbestos.

“Workers exposed to asbestos could have posed a health risk to others in the long term, even theirfamilies and loved ones, by taking home their contaminated clothing.

“Asbestos is the single greatest cause of work-related deaths in the UK. Building owners andcontractors have a duty to ensure they protect their workers from risk of exposure. EquitasAcademies Trust and Birmingham Glass Services Ltd failed to do so.”Information and advice about working safely with asbestos can be found on the HSE website atwww.hse.gov.uk/asbestosNotes to Editors

48

Section 2(1) of the Health and Safety at Work etc Act 1974 states: “It shall be the duty of everyemployer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of allhis employees.”Section 3(1) of the Health and Safety at Work etc Act 1974 states: “It shall be the duty of everyemployer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable,that persons not in his employment who may be affected thereby are not thereby exposed to risksto their health or safety.”Press enquiriesRegional reporters should call the appropriate Regional News Network press office[1].Issued on behalf of the Health and Safety Executive by the Regional News Network

http://press.hse.gov.uk/2013/school-and-glass-contractor-fined-for-asbestos-failings/

___________________________________________

Suffolk firm in court after workers exposedto asbestosDate:

13 February 2014

http://press.hse.gov.uk/2014/suffolk-firm-in-court-after-workers-exposed-to-

asbestos/?ebul=hsegen&cr=13/17-feb-14

A Suffolk window replacement company has been fined after it exposed workers to potentially fatal asbestos

material during work to replace window units at a school in Bury St Edmunds.

Frames Conservatories Direct Ltd (FCDL) informed Westley Middle school that asbestos panels would be

removed by registered contractors and disposed of in the correct manner over the school summer holidays in

2012.

However, Bury St Edmunds Magistrates’ Court was told the company was not licensed to work with asbestos.

Furthermore, employees undertaking the work were not told they would be handling asbestos, nor did they use

any control measures to prevent the spread of fibres.

The Health and Safety Executive (HSE) investigated after being alerted both by FCDL employees and the

school’s headteacher.

The court heard that concerns were first raised when other contractors noticed suspect material in a floor void

and consulted a licensed asbestos contractor who then visited the school. The contractor saw window panels

49

being removed and notified FCDL employees that they were handling materials likely to contain asbestos. Work

was immediately stopped and the area sealed off.

A licensed contractor undertook an extensive programme of cleaning under strictly controlled conditions in all

affected areas of the school. Once completed, air tests were carried out and the areas certified safe for re-

occupation.

The school spent some £111,495 on environmental cleaning and replacement of teaching aids and other items

that had to be destroyed because of contamination.

Frames Conservatories Direct Ltd, of Barton Retail Park, Barton Road, Bury St Edmunds, was fined a total of

£24,000 and ordered to pay £10,571 in costs after pleading guilty to breaching regulations 8(1) and 11(1) of the

Control of Asbestos Regulations 2012.

Speaking after the hearing, HSE Inspector Elizabeth Fowle said:

“This incident has been extremely stressful for those affected and has also been disruptive and costly for the

school. All of this could have been avoided if the company had simply asked, ‘Should we be doing this work with

asbestos?’

“Frames Conservatories Direct Ltd knew the window panels they planned to remove contained asbestos but

wrongly decided they would work with the material. They did not tell their employees about the presence of

asbestos or specify any safety measures.

“As a result, they exposed workers to asbestos levels many times in excess of the Control Limit. The long term

health risks associated with inhalation of asbestos fibres include lung cancer and mesothelioma.

“It was extremely fortunate that this work took place during the school holiday which meant that there were no

pupils on site and few school staff.”

Further information on how to reduce the risk of asbestos can be found on the HSE website at

www.hse.gov.uk/asbestos/index.htm

Notes to Editors1. The Health and Safety Executive is Britain’s national regulator for workplace health and safety. It aims to

prevent death, injury and ill health. It does so through research, information and advice, promoting training, new

or revised regulations and codes of practice, and working with local authority partners by inspection, investigation

and enforcement. www.hse.gov.uk

50

2. Regulation 8(1) of the Control of Asbestos Regulations 2012 states: “An employer must hold a licence granted

under paragraph (2) before undertaking any licensable work with asbestos.”

3. Regulation 11(1) of the Control of Asbestos Regulations 2012 states: ” Every employer must—(a) prevent the

exposure to asbestos of any employee employed by that employer so far as is reasonably practicable; (b)where it

is not reasonably practicable to prevent such exposure— (i) take the measures necessary to reduce exposure to

asbestos of any such employee to the lowest level reasonably practicable by measures other than the use of

respiratory protective equipment, and (ii) ensure that the number of any such employees exposed to asbestos at

any one time is as low as is reasonably practicable.

4. HSE news releases are available at www.hse.gov.uk/press.

Press enquiriesRegional reporters should call the appropriate Regional News Network press office.

Issued on behalf of the Health and Safety Executive by the Regional News Network

___________________________________________

Surrey firm in court after asbestos find at girls’ schoolDate:

13 January 2014

A building contractor has been fined for ignoring asbestos safety rules after the potentially deadly material was

discovered in a basement area at the independent Woldingham girls’ school in Caterham.

Buxton Building Contractors Ltd, which was carrying out refurbishment work at the school in 2011, had

commissioned a specialist survey to identify the presence of asbestos in the undercroft part of the building, but

then failed to act when the results were positive.

The firm allowed a number of different contractors, including a teenage apprentice, to work in the area until one

worker raised the alarm himself when he broke through the ceiling and exposed asbestos insulation boarding.

The Health and Safety Executive (HSE) investigated the incident, which came to light on 21 July 2011, and today

(13 January) prosecuted the company for safety breaches.

51

Guildford Crown Court was told that Buxton Building Contractors Ltd was the principal contractor for a scheme to

remodel the school’s dining area and kitchen. The firm had asked a surveyor to look specifically at the undercroft

area as it had been omitted from an earlier asbestos report.

HSE’s investigation found the survey had highlighted the presence of the hazardous material, however, Buxton

Building Contractors had failed to act either to deal with it or to provide any safeguards on site. It had allowed

unrestricted access by a variety of other workers, including a 19-year-old apprentice electrician who had been

working in the undercroft for at least two weeks.

After the worker discovered the presence of the asbestos insulation board, the area was sealed off by a licensed

asbestos contractor.

Buxton Building Contractors Ltd, of High Street, Caterham, Surrey, was fined £50,000 and ordered to pay

£26,217 after admitting a breach of Section 3(1) of the Health and Safety at Work etc Act 1974 by failing to plan,

manage and properly monitor the construction work at the school.

After the hearing, HSE Inspector Melvyn Stancliffe said:

“This was a serious failing on the part of the company. Having correctly commissioned an asbestos survey, it

looks as though no one at Buxton Contractors Ltd bothered to read it. Or if they did, they disregarded its contents

and failed to act to protect site workers from exposure to what is one of the deadly killers in the construction

industry.

“As a result, several people, including the young apprentice, were unnecessarily exposed to the risk of inhaling

asbestos fibres. One can only wish and hope that there are no serious consequences for these workers in the

future.

“It is vital that companies are fully aware of not just the duty to get an asbestos survey done, but then to act on its

findings. There is considerable guidance freely available from HSE to assist duty-holders deal with asbestos

materials properly.”

For advice and guidance, visit http://www.hse.gov.uk/asbestos

Notes to Editors:

1. The Health and Safety Executive is Britain’s national regulator for workplace health and safety. It aims to

reduce work-related death, injury and ill health. It does so through research, information and advice;

52

promoting training; new or revised regulations and codes of practice; and working with local authority

partners by inspection, investigation and enforcement. http://www.hse.gov.uk

2. Section 3(1) of the Health and Safety at Work etc Act 1974 states: “It shall be the duty of every employer

to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons

not in his employment who may be affected thereby are not thereby exposed to risks to their health or

safety.”

Press enquiries

Regional reporters should call the appropriate Regional News Network press office.

Issued on behalf of the Health and Safety Executive by the Regional News Network_________________________________________


Defendant Sherborne School for Boys

Description Failure to identify and pass on information about the location of asbestos caused asbestos to bedisturbed during refurbishment work leading to the exposure of a number of workers.




Location of Offence

Region Wales & South West

Local Authority North Dorset



Address SherborneSchool/Sherborne SchSherborne SchoolAbbey RoadSHERBORNEDorsetDT9 3APEngland


HSE Details










30,000.00 The Construction (Design & Management) Regulations 2007 / 14 /

53

Health and Safety

Executive

http://www.hse.gov.uk/press/2012/rnn-sw-sherborneschool.htm

Safety failings led to asbestos exposure at Dorset schoolDate:

13 July 2012

The unsafe removal of asbestos insulation boards at a large independent school in Dorset led to several people

being exposed to asbestos fibres, Dorchester Crown Court heard today (13 July).

The Health and Safety Executive (HSE) prosecuted Sherborne School and Peter Eldridge, the director of a

company responsible for the refurbishment project, after an investigation found they had failed to identify and

prevent the risk of asbestos exposure at the school.

Asbestos insulation boards were removed in an unsafe way, exposing building contractors and a teenage work

experience student to asbestos fibres, and leaving them at risk of developing serious and potentially fatal

diseases later in life.

The HSE investigation found that from the initial design stages in May 2008 right through to undertaking the

construction work in July 2009, there was inadequate planning and a failure to carry out a full asbestos survey.

This was despite the fact that a sample taken from the building in 2008 had identified its presence and asbestos

had previously been removed from other parts of the school. An asbestos register was also kept for the school

buildings.

The court heard that neither Mr Eldridge nor the school had appointed a Construction Design and Management

(CDM) coordinator for the refurbishment project, despite it being a requirement of the Construction (Design and

Management) Regulations 2007 for a project of this size.

The CDM coordinator would have ensured a full refurbishment and demolition asbestos survey was completed in

advance of construction work. Licensed asbestos contractors could then have been appointed to safely remove

it.

54

Sherborne School pleaded guilty breaching Regulation 4(8) of the Control of Asbestos Regulations 2006 and

Regulation 14 of the Construction (Design and Management) Regulations 2007 at a previous hearing before

Weymouth Magistrates. The school was fined a total of £60,000 and ordered to pay £13,000 in costs.

Peter Eldridge, of Long Street, Sherborne, Dorset, also pleaded guilty at Weymouth Magistrates to breaching

Regulations 11(3) and 18(1) of the Construction (Design and Management) Regulations 2007 by virtue of his

neglect as an individual director. He was fined a total of £10,000 with costs of £6,000.

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."

Exposure to asbestos fibres is the single greatest cause of work-related deaths in the UK; it is responsible for

around 4,000 deaths a year. For more information on asbestos, visit www.hse.gov.uk/asbestos

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to



partners by inspection, investigation and enforcement. www.hse.gov.uk

2. Regulation 4(8) of the Control of Asbestos Regulations 2006 states: "Where the assessment shows that

asbestos is or is liable to be present in any part of the premises the dutyholder shall ensure that:(a) a

determination of the risk from that asbestos is made; (b) a written plan identifying those parts of the

55

premises concerned is prepared; and (c) the measures which are to be taken for managing the risk are

specified in the written plan."

3. Regulation 14 of the Construction (Design and Management) Regulations 2007 covers the appointment

of a CDM co-ordinator. Visit www.legislation.gov.uk for full details.

4. Section 37 of the Health and Safety at Work etc Act 1974 states: '(1)Where an offence under any of the

relevant statutory provisions committed by a body corporate is proved to have been committed with the

consent or connivance of, or to have been attributable to any neglect on the part of, any director,

manager, secretary or other similar officer of the body corporate or a person who was purporting to act in

any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be

proceeded against and punished accordingly. (2)Where the affairs of a body corporate are managed by its

members, the preceding subsection shall apply in relation to the acts and defaults of a member in

connection with his functions of management as if he were a director of the body corporate.'

5. Regulation 11(3) of the Construction (Design and Management) Regulations 2007 states: "Every

designer shall in preparing or modifying a design which may be used in construction work in Great Britain

avoid foreseeable risks to the health and safety of any person: (a) carrying out construction work; (b) liable

to be affected by such construction work; (c) cleaning any window or any transparent or translucent wall,

ceiling or roof in or on a structure; (d) maintaining the permanent fixtures and fittings of a structure; or (e)

using a structure designed as a workplace.

6. Regulation 18(1) of the Construction (Design and Management) Regulations 2007 states: "Where a

project is notifiable, no designer shall commence work (other than initial design work) in relation to the

project unless a CDM co-ordinator has been appointed for the project."

Press enquiries


Issued on behalf of the Health and Safety Executive by COI News and PR (South West)

____________________________________________



Description In July 2009 a serious asbestos incident occurred at the William Cowper school, whenrefurbishment contractors removed seven ceilings of AIB tiles. The contractors whoremoved the AIB tiles were not licensed contractors.

56




Location of Offence

Region Midlands




Address William CowperCommunity PrimaWilliam Cowper PrimarySchoolChilwell CroftNewtownBIRMINGHAMWest MidlandsB19 2QHEngland


HSE Details









_________________________________________-

57

Fraudsters collude to trick independent schoolDate:

17 August 2012

Release No:

SE/149/12

Two men colluded with each other to commit fraud by falsifying a record stating that a school in Abingdon had

been properly cleaned of asbestos.

The "unusual fraud" was confirmed by detective work by one of the men's employers using GPS tracking

technology on the employee's company van.

The deception by the two men was uncovered after an engineer went to Our Lady's Abingdon school to start

plumbing work but could see that asbestos material had been left, putting him and others at risk of exposure to

dangerous fibres.

He reported it to the Health and Safety Executive (HSE), which investigated and brought a prosecution against

both men.

Oxford Magistrates' Court heard today (17 August) that Richard (Ricky) Gray, an asbestos analyst, of

Hoddesdon, Herts, and David Gray (no relation), of Botley, Oxford, a supervisor for a licensed asbestos

contractor, had committed the offence on Sunday 25 July 2010, probably just to escape a few hours' work.

HSE found David Gray's employer, Maylarch Environmental Ltd, had been hired to carry out an environmental

clean of the area affected by asbestos between 21 and 25 July. Ricky Gray's employer, environmental

consultants Tersus Ltd, had been contracted to provide a final independent assessment of the clean-up on 25

July, which is required for all asbestos removal work.

On 27 July, H&E Engineers from Oxford arrived at the school to carry out boiler work. Supervisor Trevor Benfield

was immediately concerned that asbestos materials had been left in a poor condition and alerted HSE.

During the investigation HSE discovered that Tersus had believed their assessment had been properly signed-off

as it had a report from employee Ricky Gray. However, when told of the conditions found at the school, it carried

out its own internal investigation.

58

Tersus used GPS tracking and found that Ricky Gray's van had been driven to a service station at Junction 8 on

the M40 and back to his home address on 25 July - not to the school site where the assessment was due to take

place.

He later admitted he had met David Gray there and together they had fabricated the clearance report to make it

look as though the assessment had been carried out.

Ricky Gray, of Taverners Way, Hoddesdon, was fined £4,000 and ordered to pay £1,000 in costs; and David

Gray of Arthray Road, Botley, was fined £1,000 with £250 costs after both pleaded guilty to a breach of Section 7

of the Health and Safety at Work etc Act.

After the hearing, HSE Inspector Andrew Moore said:

"This was an unusual fraud, the first of its type that I am aware of. It was only detected thanks to Mr Benfield's

knowledge and perseverance, and the use of GPS technology.

"It was also a serious fraud as it may have exposed other workers coming on to the school site to the very real

dangers of inhalation of asbestos fibres.

"I can only have an educated guess at what motivated these two to collude in this fashion. For Ricky Gray, it was

his last day at the company and it was a Sunday. For David Gray it was perhaps also the temptation of finishing

work early as contractors have to wait for analysts to finish their assessment on site - and stay to put right

anything that needs action.

"HSE takes exposure to asbestos very seriously. Currently 4,000 people die every year from asbestos-related

disease and the onset of these debilitating diseases can occur many years after exposure. That is why there are

clear rules and regulations governing its removal and site decontamination, and that is why HSE will prosecute

those who flout the legislation."

Advice on working safely with asbestos is available at www.hse.gov.uk/asbestos

Notes to editors



59



2. Section 7 of the Health and Safety at Work etc Act 1974 states: It shall be the duty of every employee

while at work (a) to take reasonable care for the health and safety of himself and of other persons who

may be affected by his acts or omissions at work; and (b) as regards any duty or requirement imposed on

his employer or any other person by or under any of the relevant statutory provisions, to co-operate with

him so far as is necessary to enable that duty or requirement to be performed or complied with.

3. HSE news releases are available at www.hse.gov.uk/press.

Press enquiries



_____________________________



Description Stifford Clays Junior School is operated by Thurrock Council, and it employs the staff at thisschool. In 2003/4 a Type 2 Asbestos survey was carried out at the school and asbestos fibresfound in the boiler house dust / debris. The report recommended that this dust / debris wasimmediately removed by a licensed contractor, however this did not happen. On inspection ofthe school on 20 April 2010, it was clear that this dust had still not been removed. On 22 AprilHSL took samples from the boiler house, following which, a PN was served prohibiting entryuntil the area had been assessed and remedial action taken.

OffenceDate

06/08/2004



Location of Offence







HSE Details

HSE Group SOUTHOP2G8 HSE Directorate Field Operations

60

Directorate




Court Name Basildon Court Level Crown Court


Regulation


Result Fine

Fine £35,000.00

Case Details

Location of Offence







HSE Details



Council in court for ignoring asbestos threat in schoolDate:

1 March 2013

Release No:

HSE-E-010/13

Thurrock Council has been fined after admitting to failures in how it managed asbestos across its schools.

61

Basildon Crown Court heard today (1 March 2013) that despite being made aware of asbestos concerns in

a boiler room at Stifford Clays Junior School, no action was taken.

A specialist contractor tasked with carrying out an asbestos survey by the council in 2004 said that dust

and debris found in the boiler room containing asbestos fibres should be removed immediately under

licensed conditions.

However, an HSE inspection in April 2010, as part of a national initiative to ensure that local authorities

understand their duties in managing asbestos across their school estate, found that nothing had been

done.

This was despite school staff and contractors alike regularly entering the boiler room in the intervening six

year period.

HSE served a Prohibition Notice on 24 April 2010 barring entry to the boiler house until it was made safe.

Thurrock Council was also served with two Improvement Notices regarding the management of asbestos in

its schools elsewhere in the county.

Thurrock Council, of Civic Offices, New Road, Grays, Essex, was fined a total of £35,000 and ordered to

pay £15,326 in costs after pleading guilty to a Regulation 10 breach of the Control of Asbestos Regulations

(CAR 2006) and a breach of the Management of Health and Safety at Work Regulations 1999 - both in

relation to failings across the school estate.

The council also admitted a Regulation 11 breach of the Control of Asbestos Regulations (CAR 2006) in

relation to the specific incident at Stifford Clays Junior School.

After the hearing HSE inspector Samantha Thomson, said:

"This was a clear example of a local Authority failing to manage asbestos across its schools for a number

of years.

"At Stifford Clays Junior School, the caretaker regularly worked in the boiler room with dust and debris over

a period of six years. She will have been exposed to asbestos fibres and now faces an anxious wait to see

if it results in any long-term health issues.

"This was easily preventable. Thurrock Council was informed of the potential for exposure in 2004, yet

failed to act on the knowledge until HSE's involvement some six years later."

62

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It

aims to reduce work-related death, injury and ill health. It does so through research, information and

advice, promoting training, new or revised regulations and codes of practice, and working with local

authority partners by inspection, investigation and enforcement. www.hse.gov.uk

2. Regulation 5 of the Management of Health and Safety at Work Regulations 1999 states: "(1) Every

employer shall make and give effect to such arrangements as are appropriate, having regard to the

nature of his activities and the size of his undertaking, for the effective planning, organisation,

control, monitoring and review of the preventive and protective measures. (2) Where the employer

employs five or more employees, he shall record the arrangements referred to in paragraph (1).

3. Regulation 10 of the Control of Asbestos at Work Regulations 2006 states: "10 (1) Every employer

must ensure that any employee employed by that employer is given adequate information,

instruction and training where that employee is or is liable to be exposed to asbestos, or if that

employee supervises such employees."

4. Regulation 11(1) of the Control of Asbestos at Work Regulations 2006 states: "Every employer

shall prevent the exposure of his employees to asbestos so far as is reasonably practicable."

Press enquiries



__________________________________________



Description In July 2009 a serious asbestos incident occurred at the William Cowper school, whenrefurbishment contractors removed seven ceilings of AIB tiles. The contractors who removedthe AIB tiles were not licensed contractors.

OffenceDate

28/07/2009



63

Location of Offence

Region Midlands






HSE Details



Case/Breach

Defendant's Name Hearing Date


42058510/01 BirminghamCityCouncil

05/09/2011

Guilty-Fine 2,500.00

Health and Safety At WorkAct 1974 / 3 / 1

42058510/04 BirminghamCityCouncil

05/09/2011

Guilty-Fine 2,500.00

Health and Safety At WorkAct 1974 / 2 / 1

________________


Defendant G Evans (Services) Ltd

Description 13 February 2009 - Disturbance of asbestos insulation board within occupied GlenthornePrimary School




Location of Offence

Region MidlandsAddress Glenthorne DriveCannockStaffordshire

Local Authority South Staffordshire

64

Industry Manufacturing

Main Activity 16230 - BUILDERSCARPENTRY/JOINERYNEC

England

Type of Location

HSE Details

HSE Group CENTOP2GP6 HSE Directorate Field OperationsDirectorate








Health and Safety

Executive

Council and building firm fined for asbestos exposure duringschool refurbishmentDate:

14 December 2012

Release No:

HSE/197/12

Staffordshire County Council and a refurbishment firm have been fined for exposing a nursery class, school staff

and two joiners to asbestos fibres.

65

Rugeley firm G Evans (Services) Ltd was refurbishing Glenthorne Community Primary School in Cheslyn Hay for

the council when the incident happened on Friday 13 February 2009.

Stafford Crown Court heard two joiners were cutting through a large built-in cupboard in the nursery class when

they noticed unidentified material nailed to the back of it.

They showed this to their site manager, who allowed them to carry on dismantling the cupboard and to detach

the material. However, the material was asbestos insulating board, which by law should only be moved by a

licensed asbestos removal contractor. The court heard the joiners used an ordinary vacuum cleaner to clear up

dust and debris, which would also have spread asbestos fibres in the air.

On the Friday the work was undertaken, seventeen children aged between three and four, were in the classroom

for half-day sessions together with a teacher and teaching assistant. A school cleaner, who was working in the

classroom later in the day, was also exposed to the potentially dangerous substance.

The following Monday, an analyst, who was monitoring asbestos levels in the air during licensed asbestos

removal work, spotted pieces of asbestos insulating board in an open skip. The school was closed immediately

for investigation and subsequent decontamination.

A Health and Safety Executive (HSE) investigation into the incident found Staffordshire County Council had failed

to carry out a pre-refurbishment asbestos survey in the nursery before work started. These surveys were

essential to ensure that anyone who was likely to work or disturb asbestos was provided with information on the

location and condition of the asbestos.

G Evans (Services) Ltd had not taken sufficient steps to identify the asbestos insulating board attached to the

cupboard before work started and its procedures for identifying asbestos containing materials were inadequate

which permitted their site manager to assume the material was safe to work with and to continue disturbing it.

The court heard the work should have been stopped until the material had been investigated further.

HSE inspector David Brassington said after the hearing:

"A series of assumptions and missed opportunities led to contractors, school staff and nursery age children being

exposed to asbestos fibres during refurbishment work.

"The joiners who were working directly with the asbestos were significantly exposed to the disturbed fibres–

something that should not have happened with proper planning and access to an asbestos survey before work

commenced.

66

"Fortunately, the risk to children and school staff who were in the classroom the same day as the asbestos was

disturbed will have been lower because they spent less time in the nursery at the time when the asbestos was

initially disturbed.

"This incident has understandably caused a great deal of anxiety. As soon as the suspect material was found the

work should have been stopped for further investigation.

"The long term health risks associated with exposure to asbestos dust are well known and it is unacceptable for

incidents such as this to be taking place."

Staffordshire County Council, of Tipping Street, Stafford, pleaded guilty to breaching Section 3(1) of the Health

and Safety at Work etc Act 1974 and was today (14 December) fined £10,000and ordered to pay £5,000 costs.

G Evans (Services) Ltd, of Wheelhouse Road, The Towers, Rugeley, pleaded guilty to breaching Sections 2(1)

and 3(1) of the Health and Safety at Work etc Act 1974 and was fined £8,000 and ordered to pay £4,000 costs.

Asbestos is the biggest cause of occupational deaths in the UK, with an estimated 4,000 people dying every year

from related diseases such as mesothelioma and lung cancer.

Information on working safely with asbestos is available at www.hse.gov.uk/asbestos/hiddenkiller/index.htm

Notes to editors





2. Section 2(1) of the Health and Safety at Work etc Act 1974 states: "It shall be the duty of every

employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his

employees."


employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that

persons not in his employment who may be affected thereby are not thereby exposed to risks to their

health or safety."

67

4. HSE has produced a checklist to help schools to review their asbestos management arrangements. It

asks key questions to help schools check if suitable precautions are in place, and to record any further

action that is needed. www.hse.gov.uk/services/education/asbestos.htm.

5. Visit: http://www.hse.gov.uk/press/press.htm for further HSE press notices.

Press enquiries



__________________

______________



Description Prosecution following exposure to asbestos. University of Lincoln - duty to manage ACM -2/03 - FMU06 Employees complained on 24 Feb 2010 re asbestos damage however it wasn'tdealt with untl 26th. No repairs have taken place.

OffenceDate

01/07/2007



Location of Offence

Region Midlands




Main Activity 85400 - HIGHER

68

EDUCATION


HSE Details





Court Name Lincoln Court Level Magistrates Court

Act

Regulation Management of Health & Safety at Work Regulations 1999 (No 5) para 1


Result Fine

Fine £5,000.00

Case DetailsOther Breaches in this case

Location of Offence

Region Midlands


Address University of LincolnEstates and FacilitiesBrayford PoolLINCOLNLincolnshireLN6 7TSEngland Industry Total service

industries

69



HSE Details



Case/Breach

Defendant's Name Hearing

Date


42486050/01


Guilty-Fine

5,000.00


42486050/02


Guilty-Fine

5,000.00


University of Lincoln

Prosecution followingexposure to asbestos.

University of Lincoln - dutyto manage ACM - 2/03 -

FMU06 Employeescomplained on 24 Feb 2010

re asbestos damagehowever it wasn't dealt with

untl 26th. No repairs havetaken place.

01/07/2007

£12,759.60

Midlands

Lincoln

Total service industries

85400 - HIGHER EDUCATION

Fixed

70

Field Operations Directorate

Health and Safety

Executive

Home

News

o WoodworkingFoodEducationMotor vehicle

repairQuarriesChemicalsExplosivesDivingCleaningTreeworkEntertainmentHairdressing

More industries...University fined for asbestos failings

Date:

16 November 2011

Release No:

HSE/269/11

Lincoln University has been fined for putting staff, students and contractors at risk of exposure to

asbestos.

The failings came to light on 24 February 2010 when a lecturer became trapped in a room after a door

lock broke. She enlisted the help of a colleague to release her and once freed, they noticed debris

around the door handle.

They notified the university's health and safety department which examined the door and others in the

area, and discovered most were lined with asbestos insulating board (AIB), and that some were

damaged.

The university notified the Health and Safety Executive (HSE), which carried out its own investigation. It

was found that a number of areas across the university's estate had been subject to asbestos surveys

over a number of years and many areas were found to contain asbestos-containing materials or even

asbestos debris, yet no remedial action had been taken.

Lincoln University Higher Education Corporation, of Brayford Pool, Lincoln, pleaded guilty to two counts

East Midlands

71

of breaching Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999 at

Lincoln Magistrates' Court today. The university was fined £10,000 and ordered to pay £12,759 costs.

After the hearing at Lincoln Magistrates' Court HSE inspector Edward Walker said:

"Exposure to asbestos fibres is a well known health hazard that results in approximately 4,000 deaths a

year.

"The university had an asbestos management plan but had failed to follow it and failed to take

appropriate steps to manage the risks associated with asbestos over a number of years, putting staff,

students and contractors at risk of potential exposure."

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety.

It aims to reduce work-related death, injury and ill health. It does so through research,

information and advice; promoting training; new or revised regulations and codes of practice; and

working with local authority partners by inspection, investigation and enforcement.

www.hse.gov.uk

2. Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999 states:

Every employer shall make and give effect to such arrangements as are appropriate, having

regard to the nature of his activities and the size of his undertaking, for the effective planning,

organisation, control, monitoring and review of the preventive and protective measures.

Press enquiries


Issued on behalf of HSE by COI News & PR East Midlands

_______________

Unlicensed asbestos removal will be penalised warns HSE

Date:

72

4 September 2009

Release No:

HSE/YH/332/2009

The Health and Safety Executive (HSE) is warning the building trade that companies and contractors will

face prosecution if they remove asbestos without a licence.

It follows HSE's successful prosecution today (4 September) of three contractors who carried out

unlicensed asbestos removal at Kelford School in Rotherham in 2006.

Mansell Build Ltd (previously Birse Build Ltd) of Cheadle Hulme, Cheshire,was fined £12,500 and

ordered to pay £12,500 costs. Andrew Brightmore, a former manager of ARB Agriplant Ltd was fined

£2,500 and ordered to pay £500 costs and Gary Cusack was fined £500 and ordered to pay £250 costs.

Both are of Thurcroft, Rotherham. All were prosecuted for health and safety breaches at Rotherham

Magistrates' Court.

Mansell Build Ltd, the principal contractor, was employed to carry out work to remove asbestos

insulating board ceilings at the school. The work should have been carried out by a contractor licensed

by HSE, but the company contracted to carry out the work, ARB Agriplant Ltd, did not have a licence.

Now in administration, ARB Agriplant Ltd then subcontracted the work to Gary Cusack, another

unlicensed contractor.

All contractors failed to implement basic requirements to prevent the spread and exposure to asbestos to

both those removing the materials and to others working at the school at the time.

After the removal work had been completed, Mansell Build Ltd allowed other contractors to work in those

areas without verifying which areas were free from asbestos. It was then found that these areas were

contaminated with asbestos.

Following the incident ARB Agriplant Ltd provided a forged asbestos licence and a falsified clearance

certificate to Mansell Build Ltd, claiming that the work had been undertaken by a licensed contractor and

that the area was free from asbestos.

Speaking after the case, HSE inspector David Bradley said:

73

"Those responsible for employees have a legal duty to protect their health and safety and in the case of

asbestos they should know that any disturbance of such a dangerous material should only be tackled by

licensed workers.

"In this case, the contractors responsible put others in a dangerous situation, which could have been

avoided had the work been carried out by a licensed contractor.

"Asbestos is the biggest cause of work-related deaths in the UK, which is why there are strict rules in

place to prevent exposure. HSE has published a wealth of advice for employers to help them reduce the

risks associated with asbestos."

Around 4,000 people a year die from asbestos-related diseases. For more information go to

www.hse.gov.uk/hiddenkiller

Notes to editors

1. Mansell Build Limited and Andrew Brightmore were charged under Section 3(1) Health &

Safety at Work Act which states:

'It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so

far as is reasonably practicable, that persons not in his employment who may be affected

thereby are not thereby exposed to risks to their health or safety.'

2. Gary Cusack was charged under section 3(2) of the Health & Safety at Work Act which states:

'It shall be the duty of every self-employed person to conduct his undertaking in such a way as to

ensure, so far as is reasonably practicable, Page 5 that he and other persons (not being his

employees) who may be affected thereby are not thereby exposed to risks to their health or

safety.'

3. HSE information and news releases can be accessed online at www.hse.gov.uk

________________

Council fined after school caretaker exposed to asbestos

Date:

05 September 2008

Release No:

74

NE/451/08

The Health and Safety Executive (HSE) is warning employers they must ensure all relevant employees

are aware of the location of asbestos in the workplace after a school caretaker was exposed to

hazardous dust.

North Tyneside Council today pleaded guilty to five breaches of the Control of Asbestos at Work

Regulations 2002. It was fined £17,005 and ordered to pay £3,911 costs at North Tyneside Magistrates'

Court.

HSE Inspector Stephen Britton said:

"North Tyneside Council was found to have breached the regulations in March 2006, at Wallsend Jubilee

Primary School in Mullen Road, which is owned by the council. The school caretaker swept the school

boiler house on two separate occasions, unaware that it was contaminated with asbestos. This posed a

huge risk to the caretaker's health: every year, 4000 people die of work-related asbestos diseases, more

than are killed on the roads.

The boiler house had been quarantined due to the presence of asbestos, and although the previous

caretaker and headteacher were aware of the contamination, the replacement staff were not informed.

There were no signs indicating that the area had been quarantined and the caretaker only became

aware of the risk of exposure after an asbestos removal company visited the school to undertake work.

This type of incident was likely to occur sooner or later. It was foreseeable that caretakers and service

engineers would require access to the boiler house for routine or emergency repairs, but no instruction,

training, protective equipment, washing or disposal arrangements were in place to safeguard this

vulnerable group.

The regulations require those with responsibilities for the repair and maintenance of non-domestic

premises to find out if there are, or may be, asbestos-containing materials within them. It also requires

them to record the location and condition of such materials, and then assess and manage any risk from

them, including passing on information about their location and condition to anyone liable to disturb

them.

Local authorities and employers in general have a duty to ensure that any asbestos present in premises

is managed properly, and need to warn anybody likely to come into contact with it of the danger it poses

75

to their health."

Notes to editors

1. North Tyneside Council was charged with breaching regulations 4, 6, 9, 10 and 13 of the Control of

Asbestos at Work Regulations 2002.

2. Regulation 4 imposes a duty on the employer to identify the type of asbestos before any work is

carried out.

3. Regulation 6 imposes a duty on the employer to notify the enforcing authority of any work with

asbestos.

4. Regulation 9 imposes a duty on the employer to ensure the proper use of control measures and

personal protection equipment.

5. Regulation 10 imposes a duty on the employer to ensure that any control measures or equipment are

properly maintained.

6. Regulation 13 imposes a duty on the employer to ensure the cleanliness of premises and plant where

work takes place that is liable to result in exposure to asbestos.

7. The maximum penalty for a breach of the regulations in a Magistrates Court is a fine not exceeding

£5000.

8. More information on asbestos is available at: http://www.hse.gov.uk/asbestos/index.htm

Press enquiries

__________________

76

Guilty-Fine


http://www.hse.gov.uk/prosecutions/case/case_list.asp?ST=C&EO=LIKE&SN=F&SF=SICD&SV=education&x=27&y=10







Location of Offence

Region Scotland




77



HSE Details





3,500.00 The Control of Asbestos Regulations 2006 / 11 /










Health and Safety

Executive

Edinburgh council fined £14,000 for asbestos failures that putworkers at riskDate:

11 November 2009

Release No:

SCO/177/09

Edinburgh Council has today (11 November) been fined £14,000 after 14 of its employees, were potentially

exposed to asbestos while carrying out refurbishment work.

78

The workers, including joiners, had been instructed to remove laboratory doors from Castlebrae Community High

School back in April 2007 and carry out alterations at the council's workshop on Murrayburn Road. This involved

cutting the doors which disturbed the asbestos core inside.

The council pleaded guilty at Edinburgh Sheriff Court of breaching the Control of Asbestos Regulations 2006,

Regulations 4 (9)(c)(i), 6(1), 11(1)(a) and 7(1).

The court heard how 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 that it was there.

HSE inspector Mike Orr commented after the case:

"The risks from asbestos are well known and it is imperative that precautions to manage those risks are put in

place. City of Edinburgh Council should have been well aware of its responsibilities. Its failings are clear.

"Although the council had carried out a survey of the premises which identified the asbestos core in the doors,

there was no register on the school site and the summary provided to workers wasn't sufficient to alert them to

the danger.

"The council did not carry out a sufficient risk assessment prior to the work commencing in 2007.

"It is important to stress that many buildings, including schools, contain asbestos. 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. Every week, 20

tradesmen die from asbestos-related diseases, including mesothelioma - an incurable cancer.

"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."

HSE recently re-launched its 'Asbestos: the hidden killer' campaign which aims to raise awareness of the risks of

asbestos amongst tradesmen. For more information visit www.hse.gov.uk/hiddenkiller

Notes to editors

1. The Control of Asbestos Regulations 2006, Regulations 4 (9)(c)(i) states that the measures to be

specified in the plan for managing the risk (of asbestos found in a premises as a result of any survey) shall

79

include adequate measures for ensuring that information about the location and condition of any asbestos

or any such substance is provided to every person liable to disturb it.

2. The Control of Asbestos Regulations 2006, Regulations 4 6(1) states that An employer shall not carry

out work which is liable to expose his employees to asbestos unless he has (a) made a suitable and

sufficient assessment of the risk created by that exposure to the health of those employees and of the

steps that need to be taken to meet the requirements of these Regulations; (b) recorded the significant

findings of that risk assessment as soon as is practicable after the risk assessment is made; and (c)

implemented the steps referred to in sub-paragraph (a).

3. The Control of Asbestos Regulations 2006, Regulations 7(1) states that An employer shall not

undertake any work with asbestos unless he has prepared a suitable written plan of work detailing how

that work is to be carried out.

4. The Control of Asbestos Regulations 2006, Regulations 11(1)(a) states that Every employer shall

prevent the exposure of his employees to asbestos so far as is reasonably practicable.

5. The effects of exposure to asbestos fibres can take as long as 20 to 30 years to manifest themselves

and around 4,000 people are dying every year in Great Britain due to exposure to asbestos.

6. Legislation came into force in May 2004 which requires the organisation in control of any non domestic

premises, or the common parts on domestic premises, to identify and assess asbestos in those premises.

7. To view or download interview with mesothelioma sufferer Christopher Morgan as part of the 'Asbestos -

The Hidden Killer' campaign visit: http://www.hse.gov.uk/press/2009/cmorganlong.htm or

http://www.hse.gov.uk/press/2009/cmorganshort.htm

Press enquiries


Issued by COI News and PR Scotland

____________________________

Survey company prosecuted as HSE campaign to raise awarenessof asbestos danger beginsDate:

17 October 2008

Release No:

COI/W/HSE 588

80

An asbestos surveying company has been fined after being prosecuted by the Health and Safety Executive

(HSE) for failing to identify asbestos insulation board in school buildings in Rhondda Cynon Taf during a series of

type 2 asbestos surveys carried out for the Authority.

Normandie Analytical Services Ltd ("The Company") carried out the surveys at Cardinal Newman

Comprehensive School in Pontypridd, and Aberdare Boys School, Aberdare. Both surveys were inadequate in

that the Company failed to identify the presence of asbestos in a number of areas within the schools.

HSE's investigation followed an incident at Cardinal Newman Comprehensive School when asbestos insulation

board was unintentionally disturbed by construction workers. This resulted in the construction workers being

exposed to a potential risk to their health.

The Company, whose head office is in Guernsey, have branches across the UK including Bridgend, were

prosecuted for two breaches of Section 3(1) of the Health and Safety at Work etc Act 1974 and pleaded guilty at

a hearing in Llwynypia Magistrates Court on 16th October 2008. They were fined £18,000 and ordered to pay

over £21,000 in costs.

HSE inspector Steve Lewis said: "This case demonstrates a failure by this Company to carry out systematic and

comprehensive checks for asbestos.

"While asbestos is the greatest single cause of work related deaths in the UK, it is present in many public

buildings, and poses no threat whatsoever when it remains in a sealed or undisturbed state. Exposure to

asbestos can only be prevented if the locations of asbestos materials are known. Asbestos surveys need to be

accurate, thorough and comprehensive so that asbestos in buildings can be properly managed. In this case the

Company clearly did not have appropriate quality control checks in place, which resulted in the material being

disturbed."

Following the incident at Cardinal Newman Comprehensive School the construction workers were advised on

precautions that should be taken and the School engaged an asbestos removal company to make the area safe.

Organisations responsible for buildings have a clear duty to manage asbestos. They must identify where

asbestos is present, or is considered to be present, and must ensure that appropriate procedures are in place to

monitor its condition and ensure that it is not disturbed without appropriate controls being in place.

HSE's new communications campaign "Asbestos: The hidden killer" aims to inform tradesmen that asbestos is a

danger that is real and relevant to them. Currently asbestos kills 4,000 people a year. More people die each year

81

from exposure to asbestos than in road accidents. Any building built or refurbished before the year 2000 may

contain the substance and because of this trades people like joiners, plumbers, electricians could be exposed to

this hidden killer.

During the campaign, HSE will be taking its message directly to the tradesmen, urging them to equip themselves

with the knowledge on how to work safely, protecting themselves from this deadly substance.

Notes to editors


employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that

persons not in his employment who may be affected thereby are not thereby exposed to risks to their

health or safety."

2. The "Asbestos: the hidden killer" campaign has been launched this week, and for more information

please visit http://www.hse.gov.uk/asbestos/hiddenkiller/index.htm

3. Asbestos was used extensively as a building material in Great Britain from the 1950s through to the mid-

1980s. It was used for a variety of different purposes and was ideal for fireproofing and insulation. Any

type of building built before 2000 (houses, factories, offices, schools, hospitals etc) could contain

asbestos. Asbestos materials in good condition are safe unless the asbestos fibres become airborne,

which happens when the materials are damaged.

4. The Control of Asbestos at Work Regulations 2006 require dutyholders to properly manage asbestos.

Further information on asbestos can be found at http://www.hse.gov.uk/asbestos/index.htm

5. The United Kingdom Accreditation Service (UKAS) www.ukas.com has an accreditation scheme for

organisations which do asbestos surveys. UKAS also has a separate accreditation scheme for sampling

and analysis of asbestos in materials. An accredited company is likely to employ suitably trained people

for these types of work. Duty holders should check what the firm is accredited for, as some will only be

qualified to do surveys and take samples and others only to analyse samples.

Press enquiries


Issued on behalf of the Health and Safety Executive by COI News and PR Wales

_________________________

82

Building firm fined after asbestos disturbed at primary schoolDate:

19 August 2010

Release No:

WM211/10

A Solihull building firm has been fined £1,000 after failing to take precautions against asbestos while working at a

school.

The Health and Safety Executive (HSE) prosecuted the company after bosses at Greswolde Construction Ltd of

Station Road, Knowle, failed to warn its employees that the substance was present despite being in possession

of a survey detailing where the asbestos was.

The company pleaded guilty to a breach of regulation 10(1) and one of 11(1)(a) of the Control of Asbestos

Regulations 2006. As well as the fine it was also ordered to pay £2,268 costs.

Stratford-upon-Avon Magistrates Court heard how on 9 July 2009 the firm was contracted to carry out building

work on an extension at Rokeby Primary School in Rugby.

Three employees were carrying out the work when they disturbed an area containing asbestos. Despite the

company being in possession of a Type 3 Asbestos Survey detailing the materials that were disturbed, and the

fact that children were occupying adjacent classrooms, it still gave the go ahead for the workers to begin to strip

out the area.

None of workers had been informed of the presence of asbestos on the site and had not received asbestos

awareness training or protection.

HSE inspector Paul Cooper said:

"The dangers of asbestos are well known in the building industry so for the managers of Greswolde Construction

not to inform their employees of its presence shows a complete disregard for their safety and wellbeing.

"What makes it worse is that this work was being carried out in a primary school where young children were in

the next room.

83

"We can't stress enough how important it is for anyone carrying out building work to obtain the proper asbestos

surveys and then act upon them."

Notes to editors

1. The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. It

aims to reduce death, injury and ill health. It does so through research, information and advice, promoting

training, new or revised regulations and codes of practice, and working with local authority partners by

inspection, investigation and enforcement.

2. Regulation 10(1) of the Control of Asbestos Regulations 2006 states: "Every employer shall ensure that

adequate information, instruction and training is given to those of his employees

a. who are or who are liable to be exposed to asbestos, or who supervise such employees, so

that they are aware of

i. the properties of asbestos and its effects on health, including its interaction with

smoking,

ii. the types of products or materials likely to contain asbestos,

iii. the operations which could result in asbestos exposure and the importance of

preventive controls to minimise exposure,

iv. safe work practices, control measures, and protective equipment,

v. the purpose, choice, limitations, proper use and maintenance of respiratory protective

equipment,

vi. emergency procedures,

vii. hygiene requirements,

viii. decontamination procedures,

ix. waste handling procedures,

x. medical examination requirements, and

xi. the control limit and the need for air monitoring, in order to safeguard themselves and

other employees; and

b. who carry out work in connection with the employer's duties under these Regulations, so that

they can carry out that work effectively.

3. Regulation 11(1)(a) of the Control of Asbestos Regulations 2006 states:

4. "Every employer shall... prevent the exposure of his employees to asbestos so far as is reasonably

practicable"

Press enquiries

84


Issued on behalf of HSE by COI News & PR (West Midlands)

Annex 4: Improvement Notices from 2005 to December 2014

This list includes the Improvement Notices and the breaches.

Note: The list is incomplete.

Walderslade Girls School ChathamAcademyGirls 11-18Failure to draw up a plan to manage asbestos. Failure to record how plan will be implemented

Notice 305227689 served against Walderslade Girls School on 16/12/2013

Notice Type Improvement Notice

Description You as dutyholder have failed to draw up a plan to manage the asbestos or any asbestos containing substances in the premisesor record how the plan will be implemented.

Compliance Date 28/03/2014 Revised Compliance Date

Result Ongoing

Breaches involved in this Notice

Location of Offence

Region East & South EastAddress HQ/Bradfields/WaldersladeGirlWalderslade Girls SchoolBradfields AvenueCHATHAM

LocalAuthority

Medway Towns UA

85


Main Activity 85310 - GENERAL SECONDARY EDUCATION

KentME5 0LEEngland

Type ofLocation

Fixed

HSE Details

HSE Group STHOP3G10 HSEDirectorate


HSE Area HSE Division South East

305227689 001 Walderslade GirlsSchool

Health and Safety At Work Act 1974 / 2 / 1




Control of Asbestos at Work Regs 2002 / 4 / 8





______________

Notice 305227560 served against The Kemnal Academies Trust on 16/12/2013


Description Improvement Notice. You as a dutyholder have faild to : a) draw up a plan to manage the asbestos or any asbestos containingsubstance in the premises. b) record how the plan will be implemented.


Result Complied with


Location of Offence

86


LocalAuthority

Sevenoaks



Address OrchardsAcademy/KemnalAcademSt. Marys RoadSWANLEYKentBR8 7TEEngland

Type ofLocation

Fixed

HSE Details




305227560 001 The KemnalAcademies Trust



Control of Asbestos Regulations 2012 / 4 / 10







_____________

Notice 305238463 served against King Edward VI Five Ways School on 18/12/2013


Description King Edward VI Fiveways School 1 IN served re: asbestos awareness training


Result Ongoing


87

Location of Offence

Region Midlands

LocalAuthority

Birmingham



Address Scotland Lane/KingEdward VI FKing Edward VI FiveWays SchooKing Edward VI FiveWays SchooScotland LaneBIRMINGHAMWest MidlandsB32 4BTEngland

Type ofLocation

Fixed

HSE Details

HSE Group CENTOP2GP7 HSEDirectorate



305238463 001 King Edward VI FiveWays School






____________

Notice 305236180 served against Christopher Whitehead Language College on 18/12/2013


Description IN served - The plan for managing asbestos does not include suitable arrangements for monitoring the condition of any asbestosor substances containing asbestos




Location of Offence

88

Region Midlands

LocalAuthority

Worcester



Address BromwichRd/ChristopherWhitehChristopherWhitehead High SchBromwich RoadWORCESTERWR2 4AFEngland

Type ofLocation

Fixed

HSE Details




305236180 001 Christopher WhiteheadLanguage College





Control of Asbestos Regulations 2012 / 4 /

_____________Netherleigh and Rossefield School117 pupils Aged 2-11Independent

Failure to assess whether asbestos present

Notice 305220581 served against Mrs Ruth Midgely on 12/12/2013


Description You have failed to ensure that a suitable and sufficient assessment has been carried out as to whether asbestos isor is liable to be present in your premises in order to enable you to manage the risks from asbestos in thepremises.

ComplianceDate

14/03/2014 Revised ComplianceDate

89

Result Ongoing


Location of Offence

Region Yorks & North East

LocalAuthority

Bradford


Main Activity 85200 - PRIMARY EDUCATION

Address Netherleigh andRossefield SchNetherleigh &Rossefield SchooParsons RoadBRADFORDBD9 4AYEngland

Type ofLocation

Fixed

HSE Details

HSE Group SANEOP3G12 HSEDirectorate


HSE Area HSE Division Yorkshire and Humber

Notice

BreachID

Recipient's Name Act or Regulation

305220581

001 Mrs Ruth Midgely Health and Safety At Work Act 1974 / 2 / 1

305220581

002 Mrs Ruth Midgely Health and Safety At Work Act 1974 / 3 / 1

305220581

003 Mrs Ruth Midgely Control of Asbestos Regulations 2012 / 12 /

(Note:CAR 12 is about use of control measures

It is presumed that the regulation should be CAR2012/4/3which is a failure to assess whether asbestos is present

_______________________

90

Dixons Trinity Academy

AcademyFailure to assess whether asbestos present

Dixon Trinity Academy is a co-educational secondary school proposed to open on the same siteas the Dixons Music Primary. It will initially admit 112 pupils into Year 7 in 2012, reaching 720pupils at full capacity by 2018.https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/251370/Dixons_Trinity_Academy_-_Impact_Assessment_2012.pdf

Notice 305216326 served against Dixons City Academy Charitable Trust on 11/12/2013


Description I/JF051213/1 - You have failed to ensure that a suitable and sufficient assessment has been carried out as towhether asbestos is or is liable to be present in your premises in order to enable you to manage the risks fromasbestos in the premises.

ComplianceDate


Result Ongoing


Location of Offence

Region Yorks & North East

LocalAuthority

Bradford



Address Dixons TrinityAcademy/DixonsDixon TrinityAcademyTrinity RoadBRADFORDBD5 0BEEngland

Type ofLocation

Fixed

HSE Details

91

HSE Group SANEOP3G12 HSEDirectorate


HSE Area HSE Division Yorkshire and Humber

Notice BreachID


305216326 001 Dixons City Academy Charitable Trust Health and Safety At Work Act 1974 / 2 / 1

305216326 002 Dixons City Academy Charitable Trust Health and Safety At Work Act 1974 / 3 / 1

305216326 003 Dixons City Academy Charitable Trust Control of Asbestos Regulations 2012 / 4 /

_____________________

Westbury House School New Malden

92 pupils aged 3-11Independent SchoolFailure to assess whether asbestos present

Notice 305172766 served against Paddenswick Ltd on 22/11/2013


Description There is no record that a suitable assessment has been carried out as to whether asbestos is or is liable to bepresent in the premises.

ComplianceDate




Location of Offence

Region London

LocalAuthority

Kingston-upon-Thames



Address WestburyRoad/PaddenswickLtdWestbury HouseSchool80 Westbury RoadNEW MALDENSurreyKT3 5ASEngland Type of

LocationFixed

HSE Details

HSE Group SOUTHOP1G4 HSEDirectorate


HSE Area HSE Division London

92

Notice Breach ID


305172766

001 Paddenswick Ltd Health and Safety At Work Act 1974 /2 / 1

305172766

002 Paddenswick Ltd Health and Safety At Work Act 1974 /3 / 1

305172766

003 Paddenswick Ltd Control of Asbestos Regulations 2012/ 4 / 3

___________________

Lyonsdown School New Barnet Hertfordshire

216 pupils aged 3-11

Independent charitable trust

Failed to train staff

http://www.lyonsdownschool.co.uk/wp-content/themes/lyonsdownschool/downloads/Lyonsdown_School_ISI_Report_Feb_2013.pdf

Notice 305187007 served against Lyonsdown School Trust Limited on 27/11/2013

NoticeType

Improvement Notice

Description Lyonsdown School/IN Control of Asbestos Regulations. IN 305187007 You havefailed to provide your employees that are liable to be exposed to asbestos, or whosupervise such employees, with adequate information, instruction and trainingabout the risks and precautions associated with working with asbestos containingmaterials.

ComplianceDate

31/01/2014 RevisedCompliance Date



Location of Offence

Region London

LocalAuthority

Barnet

Address RichmondRoad/LyonsdownSchoolLyonsdown SchoolLyonsdown SchoolTrust Ltd Industry Total service industries

93

MainActivity

85200 - PRIMARY EDUCATION3 Richmond RoadNew BarnetHertfordshireEN5 1SAEngland

Type ofLocation

Fixed

HSE Details

HSEGroup

SOUTHOP1G1 HSEDirectorate


HSEArea

HSEDivision

London

Notice Breach ID


305187007

001 Lyonsdown School Trust Limited Health and Safety At Work Act 1974 /2 /

305187007

002 Lyonsdown School Trust Limited Health and Safety At Work Act 1974 /3 /

305187007

003 Lyonsdown School Trust Limited Control of Asbestos Regulations 2012/ 10 /

______________

NLM Trust Bounces Road

Phoenix Academy30 pupilsAged 5-18Failure to assess whether asbestos presenthttp://www.education.gov.uk/edubase/establishment/summary.xhtml?urn=134580&printable=1

Notice 305163083 served against The Trustees of N.L.M Trust on 15/11/2013

/Notice Type Improvement Notice

Description The Trustees of N.L.M Trust/IN Assessment asbestos/NOC. IN 305163083 You have failed to ensure that a suitableand sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises.

ComplianceDate




Location of Offence

Address Bounces Road/The Region London

94

LocalAuthority

Enfield


Main Activity 85590 - OTHER EDUCATION NEC

Trustees of N85 Bounces RoadLondonN9 8LDEngland

Type ofLocation

Fixed

HSE Details




Notice Recipient's Name Act or Regulation

305163083 001 The Trustees of N.L.M Trust Health and Safety At Work Act 1974 / 2 /

305163083 002 The Trustees of N.L.M Trust Health and Safety At Work Act 1974 / 3 /

305163083 003 The Trustees of N.L.M Trust Control of Asbestos Regulations 2012 / 4 /

_______________

Purbeck View School

60 pupils aged 7-19 ResidentialIndependent special schoolFailure to manage asbestosNo asbestos management plan

Notice 305133194 served against Cambian Autism Services Ltd on 31/10/2013


Description Failure to manage the risk from asbestos in your premises because your asbestos survey identifies areas where asbestos is or isliable to be present and you do not have available a written plan that identifies those parts of the premises concerned and whichspecifies the measures which are to be taken for managing the risk.




Location of Offence

95


Local Authority Purbeck



Address Purbeck ViewSchool/Cambian AuNorthbrook RoadSWANAGEDorsetBH19 1PREngland

Type ofLocation

Fixed

HSE Details

HSE Group CENTOP4G15 HSE Directorate Field Operations Directorate


305133194 001 Cambian AutismServices Ltd








________________

Greater Grace Christian School Trust

11 pupils aged 8-18Independent ChristianFailure to assess whether asbestos present

Notice 305115715 served against Greater Grace Christian School Trust on 29/10/2013


Description 1 x Improvement Notice (IN14/291013/JFC1, 305115715) issued:- As a dutyholder of a non domestic premises withmaintenance and repair responsibilities you have failed to ensure that a suitable and sufficient assessment of whether theasbestos is or is liable to be present in the school premises and if present the condition of that asbestos has been completed.

Compliance Date 31/12/2013 Revised Compliance Date 31/01/2014

Result Ongoing


Location of Offence

Address Church Lane/Greater Region North West

96

Local Authority Cheshire West and Chester UA



Grace ChriChurch LaneBackfordCHESTERCH2 4BEEngland

Type ofLocation

Fixed

HSE Details

HSE Group SANEOP4G14 HSE Directorate Field Operations Directorate

HSE Area HSE Division North West

305115715 001 Greater GraceChristian SchoolTrust






________________

St Georges School for Girls Edinburgh

743 pupils aged 2-18 day and boardingIndependentFailure to draw up a management planFailure to record how plan will be implemented

Notice 305107277 served against St George's School for Girls on 25/10/2013


Description IN/I/25/10/13/1/NB - Notice No - 305107277 - You as a dutyholder have failed to - a) draw up a plan to manage the asbestos orany asbestos containing substances in the premises; b)record how the plan will be implemented




Location of Offence

Address Garscube Terrace/St Region Scotland

97

LocalAuthority

Edinburgh UA



George's SSt. Georges Schoolfor GirlsGarscube TerraceEDINBURGHEH12 6BGScotland

Type ofLocation

Fixed

HSE Details

HSE Group SANEOP1GP4 HSEDirectorate



Health and Safety At Work Act 1974 / 2 / 1Health and Safety At Work Act 1974 / 3 / 1The Control of Asbestos Regulations 2006 / 4 / 8The Control of Asbestos Regulations 2006 / 4 / 9The Control of Asbestos Regulations 2006 / 4 / 10

____________________________________________________________________

St Osmonds CE (Aided) Middle School

619 pupils aged 9-13Church of England Voluntary AidedFailed to manage the risksNo written plan

Notice 305080405 served against St Osmund's CE (Aided) Middle School on 15/10/2013


Description St Osmund's CE (Aided) Middle School - IN served re asbestos management. Failed to manage the risk of asbestos at premisesas no written plan that identifies those parts of the premises that contain, or are presumed to contain asbestos, and whichspecifies the measures which are to be taken for managing the risk.




Location of Offence


LocalAuthority

West Dorset

Address Barnes Way/StOsmund's CE (AidBarnes WayDORCHESTERDorsetDT1 2DZ Industry Total service industries

98

Main Activity 85310 - GENERAL SECONDARY EDUCATIONEngland

Type ofLocation

Fixed

HSE Details

HSE Group CENTOP4G15 HSEDirectorate



Health and Safety At Work Act 1974 / 2 / 1Health and Safety At Work Act 1974/3/1Control of Asbestos Regulations 2012/4/

_____________________________________________________________________________

Leaf Academy Bournemouth

1168 pupils aged 0-19AcademyNo written asbestos management plan(OFSTED report no assessment of pupil safety other than asking pupils’ opinion)

Notice 305086635 served against Leaf Academy on 15/10/2013


Description Leaf Academy-15/10/13-1xIN-CAWR-No written plan re asbestos IN LA/MH/01/15/10/13-305086635 "You are failing to manage the risk from asbestos in your premises because youasbestos survey indentifies areas where asbestos is or is liable to be present and you do nothave available a written plan that identifies those parts of the premises concerned and whichspecifies the measures which are to be taken for managing the risk."

ComplianceDate


Result Ongoing


Location of Offence


LocalAuthority

Bournemouth UA


MainActivity

85310 - GENERAL SECONDARY EDUCATION

Address Oak Academy/DuckLane/Leaf AcaElmrise PrimarySchoolDuck LaneDorset

England

Type ofLocation

Fixed

HSE Details

HSE Group CENTOP4G15 HSE Field Operations Directorate

99

Directorate

HSE Area HSEDivision

South West

Health and Safety At Work Act 1974 / 2 /Control of Asbestos Regulations 2012 / 4 /Health and Safety At Work Act 1974 / 3 /Control of Asbestos Regulations 2012 / 4 /

_________________________________________________________________________

Kings School Bruton

350 pupils aged 13-18IndependentFailure to manage risks from asbestos. Inadequate survey. Areas not surveyed

Notice 305079584 served against Kings School Bruton on 14/10/2013


Description KSB/MH/01/14/10/2013 - 305079584 Failing to manage the risk from asbestos in your premises because your asbestos surveyidentified areas/rooms that were not surveyed at the time the survey was conducted and these areas have still not beensurveyed in order to assess whether asbestos is or is liable to be present.




Location of Offence


LocalAuthority

South Somerset



Address Bruton/Kings SchoolBrutonKings SchoolPloxBRUTONSomersetBA10 0EDEngland

Type ofLocation

Fixed

HSE Details

HSE Group CENTOP4G15 HSEDirectorate



Health and Safety At Work Act 1974 / 2 / 1Health and Safety At Work Act 1974 / 3 / 1Control of Asbestos Regulations 2012 / 4 / 3______________________________________________________________

100

Chinthurst School Tadworth

Independent112 pupils Aged 2-13No asbestos management plan

Notice 305068774 served against Chinthust School Educational Trust Limited on 11/10/2013


Description No asbestos management plan, identifying where asbestos containing materials are within building(s), current condition or howmanaged to prevent exposure.




Location of Offence


LocalAuthority

Reigate & Banstead


MainActivity

85200 - PRIMARY EDUCATION

Address HQ/Tadworth/ChinthustSchool EChinthurst SchoolTadworth StreetTADWORTHSurreyKT20 5QZEngland

Type ofLocation

Fixed

HSE Details

HSE Group STHOP3GR11 HSEDirectorate



South East

Health and Safety At Work Act 1974 / 2 / 1Health and Safety At Work Act 1974 / 3 / 1Control of Asbestos Regulations 2012 / 4 /_________________________________________________________________

Eccles Hall School

Independent Special School234 pupils aged 5-19. Mostly day a few boarding.Failure to assess whether asbestos presenthttp://www.isbi.com/viewschool.asp?school=2407-The_New_Eccles_Hall_School

Notice 304900252 served against Eccles Hall School Limited on 26/07/2013


101

Description IN served - Failure to carry out a suitable and sufficient inspection as to whether asbestoscontaining material is present on site.

ComplianceDate




Location of Offence


LocalAuthority

Breckland



Address Eccles Hall SchoolLimitedEccles Hall SchoolQuidenhamNORWICHNorfolkNR16 2NZEngland

Type ofLocation

Fixed

HSE Details




http://www.hse.gov.uk/notices/notices/Notice_details.asp?SF=CN&SV=304900252

Notice Breach ID Recipient's Name Act orRegulation

304900252 001 EcclesHallSchoolLimited








_____________________-

Heathfield School Kidderminster

Independent non-denominational325 pupils aged 5-16No written plan

102

People not informed

Notice 304839009 served against Heathfield Educational Trust on 27/06/2013


Description Improvement Notice - 304839009. Employer has asbestos present on their site and has notensured that a written plan is produced which specifies the measures to be taken to: managethe risk from asbestos; ensure any asbestos containing materials are properly maintained orwhere necessary safely removed; ensure that information about the location and condition ofasbestos containing materials is provided to any person liable to disturb it and made availableto the emergency services.

ComplianceDate


25/10/2013



Location of Offence

Region Midlands

Local Authority WyreForest

Industry Totalserviceindustries

Main Activity 85200 -PRIMARYEDUCATION

Address Wolverley / HeathfieldSchoolHeathfield SchoolWolverley RoadWolverleyKIDDERMINSTERDY10 3QEEngland


HSE Details

HSE Group CENTOP2GP5 HSE Directorate FieldOperationsDirectorate

HSE Area HSE Division WestMidlands

Notice

BreachID

Recipient'sName

Act orRegulation

304839009

001 HeathfieldEducational Trust

Health and Safety At Work Act 1974 /2 / 1

304839009


Health and Safety At Work Act 1974 /3 / 1

304839009


Control of Asbestos Regulations 2012 /4 / 8

304839009


Control of Asbestos Regulations 2012 /4 / 9

103

http://www.hse.gov.uk/notices/breach/breach_list.asp?ST=B&SN=F&EO=%3D&SF=NN&SV=304839009

______________________________________________________________________________

St Bedes School Wolseley Bridge STAFFORD

70 pupils aged 2-14Roman Catholic Independent. boardingFailure to manage asbestoshttp://www.education.gov.uk/edubase/establishment/summary.xhtml?urn=124472

Notice 304746993 served against St Bede's School Limited on 17/05/2013


Description St Bedes School Ltd - IN served - 17 May 2013 not currently effectively managing the risks from asbestos containing materials(ACMs) in a non-domestic premises where you are the "dutyholder" as defined by CAR Reg 4(1).




Location of Offence

Region Midlands

LocalAuthority

Stafford


MainActivity

85200 - PRIMARY EDUCATION

Address Bishton Hall/St Bede'sSchoolSt. Bede's SchoolLimitedBishton HallWolseley BridgeSTAFFORDStaffordshireST17 0XNEngland

Type ofLocation

Fixed

HSE Details




Health and Safety At Work Act 1974 / 2 / 1Health and Safety At Work Act 1974 / 3 / 1Control of Asbestos Regulations 2012 / 4 /

__________________________________________________________________________________________

The Harvey Academy Folkestone

992 pupils aged 11-18Grammar Academy

104

Failed to manage asbestosFailed to have an accurate written planFailed to inform people of location of asbestosFailed to monitor condition of asbestos

Notice 304682014 served against The Harvey Academy on 17/04/2013


Description You have failed to manage the risks from asbestos in non-domestic premises including but not limited to having an accuratewritten plan identifying where asbestos is or is liable to be present; ensuring the location & condition of any asbestos is providedto every person liable to disturb it; & ensuring the condition of any asbestos is regularly monitored.




Location of Offence


LocalAuthority

Shepway


MainActivity

85310 - GENERAL SECONDARY EDUCATION

Address HQ/Cheriton Road/TheHarvey AcHarvey Grammar SchoolCheriton RoadFOLKESTONEKentCT19 5JYEngland

Type ofLocation

Fixed

HSE Details




Health and Safety At Work Act 1974 / 2 / 1Health and Safety At Work Act 1974 / 3 / 1Control of Asbestos Regulations 2012 / 4 / 4Control of Asbestos Regulations 2012 / 4 / 5Control of Asbestos Regulations 2012 / 4 / 6Control of Asbestos Regulations 2012 / 4 / 7Control of Asbestos Regulations 2012 / 4 / 8Control of Asbestos Regulations 2012 / 4 / 9Control of Asbestos Regulations 2012 / 4 / 10

_____________________________________________________________________________________

Notice 304110018 served against St Johns School & College on 16/07/2012


Description St Johns School & College, IN - no suitable and usable asbestos assessment as required by the regulations

105




Location of Offence


LocalAuthority

Brighton & Hove UA


Main Activity 85590 - OTHER EDUCATION NEC

Address Walpole Street/StJohns SchoolSt. Johns School &College17 Walpole RoadBRIGHTONBN2 0AFEngland

Type ofLocation

Fixed

HSE Details

HSE Group STHOP3GR11 HSEDirectorate



Health and Safety At Work Act 1974 / 2 / 1Health and Safety At Work Act 1974 / 3 / 1The Control of Asbestos Regulations 2006 / 4 / 3The Control of Asbestos Regulations 2006 / 4 / 4The Control of Asbestos Regulations 2006 / 4 / 5

_____________________________________________________________________________________________

Notice 304261216 served against Ryders Hayes Academy Trust on 01/10/2012


Description IN 304261186 served as so far as is reasonably practicable, a written safe system of work was not inplace for managing contractors carrying out work at the school. IN 304261216 served for failure toprovide adequate information, instruction and training to employees who are liable to be exposed orwho are liable to supervise such employees.

ComplianceDate




106

Location of Offence

Region Midlands

Local Authority Walsall


Main Activity 85310 - GENERAL SECONDARYEDUCATION

Address Ryders HayesSchool/Ryders HayRyders HayesSchoolGilpin CrescentWalsallWest MidlandsWS3 4HXEngland


HSE Details

HSE Group CDOP3GRP12 HSE Directorate Field Operations Directorate


304261216 001 RydersHayesAcademyTrust

Health and Safety At Work Act 1974 / 2 /


Management of Health & Safety at Work Regulations 1999 / 13 /



_________________________________-


Description IN - Failure to draw up a plan to effectively manage asbestos orasbestos containing materials and Record how the measures specifiedin the plan are to be implemented.

107

ComplianceDate

07/09/2012 RevisedCompliance Date



Location of Offence


LocalAuthority

Medway Towns UA


MainActivity

85310 - GENERAL SECONDARYEDUCATION

Address HQ/MaidstoneRoad/TheWilliamsSir JosephWilliamsonsMathemaHundred of HooAcademyMain RoadRochesterKentME3 9JHEngland Type of

LocationFixed

HSE Details

HSE Group CDOP4GRP17 HSEDirectorate



South East

304153614 001 The WilliamsonTrust

Health and Safety At Work Act 1974 / 3 /







108

Sir Joseph Williamson’s Mathematical School

The Hundred of Hoo Academy

______________________________________

110

0

124

Notice 302597103 served against South Gloucestershire Council on 07/05/2010


Description IN served - measures identified in the Council's written plan for managing the risk from asbestos insystem built school buildings, i.e. sealing gaps in joints in the casing around columns, and betweensuch column casings and skirting boards and walls, had not been taken.

ComplianceDate




Location of Offence


LocalAuthority

South Gloucs UA


Address HQ/CouncilOfficesThornbury/SCouncil OfficesCastle StreetThornburyBS35 1HFEngland

Main Activity 84110 - GENERAL PUBLICADMINISTRATION

125

Type ofLocation

Fixed

HSE Details

HSE Group WSW FMU1 HSEDirectorate



302597103 001 SouthGloucestershireCouncil





The Control of Asbestos Regulations 2006 / 4 / 10

________________________________

Notice 302587152 served against Thurrock Council on 22/04/2010

Notice Type Immediate Prohibition Notice

Description As part of an Asbestos Management Intervention, a school boiler house was suspected to contain dustand debris containing asbestos fibres. Entry was prohibited until an assessment made and appropriateaction taken

Breaches involved in this NoticeRelated Notices

Location of Offence

Region East & South EastAddress CivicOffices/ThurrockCouncilCivic Offices Local Authority Thurrock UA

126


Main Activity 84110 - GENERALPUBLICADMINISTRATION

New RoadGRAYSEssexRM17 6SLEngland


HSE Details

HSEGroup

ESEOP1FMU1 HSE Directorate Field OperationsDirectorate


302587152 001 ThurrockCouncil





The Control of Asbestos Regulations 2006 / 11 /


The Control of Asbestos Regulations 2006 / 16 /

________________________________

Notice 302587129 served against Thurrock Council on 04/05/2010


Description During inspection of four schools operated by Thurrock Council (TC) it was evident that the Type 2Asbestos Surveys that had been carried out in 2003 / 2004 for all the schools under Thurrock Council'sresponsibility had not been reviewed or updated since that date; and that the content of the reportsand the recommendations therein had not been acted upon. Furthermore, the reports were difficult tointerpret which has possibly lead to incorrect or incomplete management of asbestos locally withinschools since that time

ComplianceDate


25/02/2011


127


Location of Offence


LocalAuthority

Thurrock UA


Main Activity 84110 - GENERAL PUBLICADMINISTRATION

Address CivicOffices/ThurrockCouncilCivic OfficesNew RoadGRAYSEssexRM17 6SLEngland

Type ofLocation

Fixed

HSE Details

HSE Group ESEOP1FMU1 HSEDirectorate












Management of Health & Safety at Work Regulations 1999 / 3 / 3

_________________________________

128


Notice 302512830 served against Glasgow City Council on 19/02/2010


Description IN : 302512830 You have failed to manage the risks from asbestos in non-domestic premises where you have an obligation for the maintenance or repair ofthese premises, in particular the primary schools under the control of Glasgow City Council in that you do not have adequate measures in place for monitoringthe condition of any asbestos or any substance containing or suspected of containing asbestos and that you have failed to ensure the measures specified in yourplan have been properly implemented.19 Feb 10 – 14 May 10


Result Ongoing


Location of Offence

Region Scotland

Local Authority Glasgow UA


Main Activity 75110 - GEN PUB SERVICES

Address HQ/CityChambers/Glasgow CityCity ChambersGeorge SquareGLASGOWG2 1DUScotland


HSE Details

HSE Group SOP1FMU5 HSE Directorate Field Operations Directorate

HSE Division Scotland

-


129

Breaches found

4 Matching results found : Showing Page 1of 1, results 1 to 4Notice Breach

IDRecipient's Name Act or Regulation

302512830 001 Glasgow City Council Health and Safety At Work Act 1974 / 2 / /

302512830 002 Glasgow City Council Health and Safety At Work Act 1974 / 3 / /

302512830 003 Glasgow City Council / The Control of Asbestos Regulations 2006 / 4 / 0

302512830 004 Glasgow City Council / The Control of Asbestos Regulations 2006 / 4 / 0

[ HOME ] [ SEARCH ] [ ADVANCED ] [ WHAT'S NEW ] [ INDUSTRY ] [ GEOGRAPHICAL ] [ DOCUMENTS ][ FEEDBACK ] [ HELP ]

© Copyright Health & Safety Executive 2001. All information is provisional and may be subject to revision.

. Notice 302393511 served against London Borough of Barnet on 21/12/2009


Description IN/DJS/MLR/211209 notice issued to Dollis Junior School - following inv into F2508 DOAsbestos disturbed in toilet ceiling - 27/10/09. The construction company refurbishingthe toilet area in the school were advised of asbestos fibres in ceiling panels. However,they were wrongly advised regarding the asbestos content. Consequently, an electriciandrilled approximately 15 small drillholes in the ceiling panels as part of a lightinginstallation without adequate H and S precautions. This was spotted by an asbestossurveyor who coincidentally was updating an asbestos survey for the school at the time.However this incident was not reported to the school until 3rd November at which timethe area was sealed off. Air tests were quickly made of this area and it was deemedsafe. The toilet block was reopened. The Headteacher is currently investigating why thiswas allowed to happen. The local authority, Barnet, are aware of this incident.Dollis juniorLondon borough Barnet- 30 Apr 10




Location of Offence

Region London

Local Authority Barnet


Main Activity 80100 - PRIM EDUCATION

Address Dollis JuniorSchool/London BoPursley RoadMill HillLONDONGreater LondonNW7 2BUEngland


HSE Details

HSE Group LOP1FMU2 HSE Directorate Field Operations Directorate

130


[ HOME ] [ SEARCH ] [ ADVANCED ] [ INDUSTRY ] [ GEOGRAPHICAL ] [ DOCUMENTS ] [ FEEDBACK ][ HELP ]



_____________________________________________________________

. Notice 302245021 served against Swakeleys School on 20/10/2009


Description IN - To effectively manage the risk of asbestos to employees - 18/3/10 compliance

Swakeleys SchoolHillington20 Oct 09 – 18 Mar 10




Location of Offence

Region London

Local Authority Hillingdon


Main Activity 80210 - SEC EDUCATION

Address SwakeleysSchool/Clifton GardeSwakeleys SchoolClifton GardensUXBRIDGEMiddlesexUB10 0EJEngland


HSE Details

HSE Group LOP1FMU2 HSE Directorate Field Operations Directorate


. Notice 302245303 served against Abbotsfield School on 20/10/2009


131

Description 302245303. IN - To effectively manage the risk of asbestos to employees - 18/03/10compAbbotsfield school20 Oct 09 – 18 Mar 10




Location of Offence

Region London

Local Authority Hillingdon


Main Activity 80210 - SECEDUCATION

Address AbbotsfieldSchool/UB10 0EXAbbotsfield SchoolAbbotsfield SchoolClifton GardensUXBRIDGEMiddlesexUB10 0EXEngland


HSE Details

HSE Group LOP1FMU2 HSE Directorate Field OperationsDirectorate



132

Notice 301958002 served against Healing School A Specialist Science & FoundationC on 13/05/2009


Description 301958002 - It was found that the school had not compiled a written plan inrelation to asbestos outlining how the school would manage the asbestos.

Healing school foundation school. 13 May 09 – 17 Jul 09York and Humberside




Location of Offence

Region York + Humberside

Local Authority North EastLincolnshire



Address Low Road/HealingSchoolHealing SchoolLow RoadHealingGRIMSBYDN41 7QDEngland


HSE Details

HSE Group YNEOPSGP4 HSE Directorate Field OperationsDirectorate

HSE Area HSE Division North East

. Notice 301890025 served against Sheffield Hallam University on 09/03/2009


Description Case No.4158163. PN/DRB/9309/01. HSWA Section 2 and 3. Prohibits access into areascontaminated with asbestos


Location of Offence

Region York + Humberside

Local Authority Sheffield

Address City Campus/SheffieldHallam USheffield Hallam UniversitySHEFFIELD

England Industry Total serviceindustries

133



HSE Details


HSE Area HSE Division North East

. Notice 302161187 served against Birmingham City Council on 28/07/2009


Description Immediate Prohibition Notice. PN 302161187 (PIG200981/MJF/0706) During theundertaking of refurb of the reception area at the William Cowper Community PrimarySchool the whole refurb area had become contaminated with asbestos after suspendedceiling containing AIB ceiling tiles were removed by unLicensed Contractors. Asbestos isa known carcinogen.BirminghamWilliam Cowper29Jul 09


Location of Offence

Region West Midlands



Main Activity 80100 - PRIMEDUCATION

Address William CowperCommunity PrimaWilliam Cowper PrimarySchoolChilwell CroftNewtownBirminghamWest MidlandsB19 2QHEngland


HSE Details


HSE Area HSE Division Midlands

PROSECUTION Details for Case No. 4205851


Description In July 2009 a serious asbestos incident occurred at the William Cowper school, when

134

refurbishment contractors removed seven ceilings of AIB tiles. The contractors who removed theAIB tiles were not licensed contractors.




Location of Offence

Region Midlands






HSE Details



. Notice 301831153 served against Guildford College of Further and HigherEducation on 26/02/2009


Description Improvement Notice I/26/02/09/KS1 (I/301831153) issued followingdangerous occurrence involving asbestos release requiring the college to usethe information obtained in their asbestos survey to draw up an asbestosmanagement plan.Farnham college Surrey26 Feb 09 – 16 Apr 09




Location of Offence

Region South East

Local Authority Waverley


Address Farnham CollegeCampus/GuildfoFarnham CollegeMorley RoadFARNHAMSurreyGU9 8LUEngland


135


HSE Details

HSE Group ESEOP1FMU4 HSE Directorate Field OperationsDirectorate

HSE Area HSE Division East & South East

___________________________

. Notice 301846895 served against Chaucer Technology School on 12/01/2009


Description 1 x IN requiring a system to be put in place to ensure that information onasbestos present on site is passed to others (e.g. contractors) who could beaffected whilst working on site.




Location of Offence

Region South East

Local Authority Canterbury



Address Chaucer TechnologySchool/ChauChaucer TechnologySchoolSpring LaneCANTERBURYKentCT1 1SUEngland


HSE Details

HSE Group ESEOP2FMU9 HSE Directorate Field OperationsDirectorate

HSE Area HSE Division East & South East



Notice 301077097 served against London Borough of Brent on 09/01/2008


136

Description Notice number 4099017 - Lack of evidence that an effective system is in placeto manage the risks from asbestos containing materials in schools.Brent9 Jan 08 comp 11 Apr 08




Location of Offence

Region London

Local Authority Brent


Main Activity 75110 - GEN PUBSERVICES

Address Town Hall/LondonBorough of BrTown HallForty LaneWEMBLEYMiddlesexHA9 7ABEngland


HSE Details





___________________

. Notice 301077095 served against London Borough of Brent on 09/01/2008


Description Notice number 4099016 - It was not possible to ascertain that asbestoscontaining materials (ACMs), identified or suspected, had been inspected forcondition, and the possibility exists that ACMs could be in a condition whichcould cause exposure.Brent9 Jan 2008 comp 31 Jan 2008




137

Location of Offence

Region London

Local Authority Brent



Address Town Hall/LondonBorough of BrTown HallForty LaneWEMBLEYMiddlesexHA9 7ABEngland


HSE Details





____________________________________________-

Summary of Walsall

300915118 Walsall MetropolitanBorough Council

ImprovementNotice

12/09/2007 Walsall PRIM EDUCATION


ImprovementNotice



ImprovementNotice



ImprovementNotice



ImprovementNotice



ImprovementNotice



ImprovementNotice



ImprovementNotice


Page : 1 2 3 4300916173 Walsall

Metropolitan Borough CouncilImprovementNotice


300916188 Walsall Metropolitan Borough Council Improvement 12/09/2007 Walsall PRIM EDUCATION

138

Notice300916208 Walsall Metropolitan Borough Council Improvement

Notice12/09/2007 Walsall PRIM EDUCATION

300916219 Walsall Metropolitan Borough Council ImprovementNotice


Improvement notice requiring suitable & sufficient assessment and management of potential asbestoscontaining materials arising from CLASP intervention project.

CLASP Management I.N. 300916219 requiring suitable and sufficient assessment as to the likely presence andcondition of asbestos containing materials associated with the building's columns and the preparation andimplementation of a written plan for managing the risk by maintaining or removing any asbestos containingmaterials, CD 12.12.07


______________________________________________-

Notice 300915118 served against Walsall Metropolitan Borough Council on 12/09/2007


Description 300915118. Improvement notice requiring suitable & sufficient assessmentand management of potential asbestos containing materials arising fromCLASP intervention project.Walsall.Little Bloxwich primary12 Sep 07 – 12 Dec 07




Location of Offence





Address Little Bloxwich CEPrimary SchLittle Bloxwich SchoolGrenfell RoadBloxwichWALSALLWest MidlandsWS3 3DLEngland


HSE Details



139





Description 300915580. Improvement notice requiring assessment and management ofpotentially asbestos containing materials arising from CLASP interventioncontacts.Walsall.12 Oct 07 – 12 Dec 07




Location of Offence





Address Christ Church J M ISchool/WalChrist Church J M ISchoolHarden RoadWALSALLWest MidlandsWS3 1ENEngland


HSE Details






140


Description Improvement notice 300915746 requiring suitable and sufficient assessment as tothe likely presence and condition of asbestos containing materials associated withthe building's columns and the preparation and implementation of a written plan formanaging the risk by maintaining or removing any asbestos containing materials.WalsallSt John’s Cof E primary12 Sep 07 Compliance date 12.12.07




Location of Offence





Address St John`s CE PrimarySchool/ WSt. Johns C of EPrimary SchooBrook LaneWalsall WoodWALSALLWest MidlandsWS9 9NAEngland


HSE Details






Description IN. 300915802. Short Heath Junior School - improvement notice 30091582requiring suitable and sufficient assessment as to the likely presence andcondition of asbestos containing materials associated with the building's columnsand the preparation and implementation of a written plan for managing the riskby maintaining or removing any asbestos containing materials.WalsallShort Heath Junior12 Sep 10 -CD 12.12.07




Location of Offence

141





Address Short Heath JuniorSchool/ WalShorth Heath JuniorSchoolPennine WayShort HeathWILLENHALLWest MidlandsWV12 4DSEngland


HSE Details





. Notice 300915845 served against Walsall Metropolitan Borough Council on 12/09/2007


Description Improvement notice 300915845. Requiring suitable and sufficientassessment as to the likely presence and condition of asbestos containingmaterials associated with the building's columns and the preparation andimplementation of a written plan for managing the risk by maintaining orremoving any asbestos containing materials. Compliance date 12.12.07




Location of Offence





Address The Priory Centre- DawEnd SchThe Priory Centre-DawEnd SchoOdell RoadLeamoreWALSALLWest MidlandsWS3 2EDEngland


HSE Details

142







Description Pool Hayes CLASP Management I.N. 300915917 requiring suitable andsufficient assessment as to the likely presence and condition of asbestoscontaining materials associated with the building's columns and thepreparation and implementation of a written plan for managing the risk bymaintaining or removing any asbestos containing materials. Compliancedate 12.12.07




Location of Offence





Address Pool Hayes PrimarySchool/ WalPool Hayes PrimarySchoolBridgnorth GroveWILLENHALLWest MidlandsWV12 4RXEngland


HSE Details





143



Description I.N. 300915957, requiring suitable and sufficient assessment as to the likelypresence and condition of asbestos containing materials associated with thebuilding's columns and the preparation and implementation of a written planfor managing the risk by maintaining or removing any asbestos containingmaterialsCD 12.12.07




Location of Offence





Address Butts Primary School/WalsallButts Primary SchoolButts RoadWALSALLWest MidlandsWS4 2AHEngland


HSE Details







Description Improvement Notice 300915985 requiring suitable and sufficient assessment asto the likely presence and condition of asbestos containing materials associatedwith the building's columns and the preparation and implementation of a writtenplan for managing the risk by maintaining or removing any asbestos containingmaterials CD 12.12.07




144

Location of Offence





Address Palfrey Junior School/WalsallPalfrey Junior SchoolMilton StreetWALSALLWest MidlandsWS1 4LAEngland


HSE Details





tice 300916173 served against Walsall Metropolitan BoroughCouncil on 12/09/2007


Description CLASP Management I.N. 300916173. requiring suitable andsufficient assessment as to the likely presence and conditionof asbestos containing materials associated with thebuilding's columns and the preparation and implementationof a written plan for managing the risk by maintaining orremoving any asbestos containing materials CD 12.12.07




Location of Offence




Address Darlaston CommunityScience CoDarlaston CommunityScience CoHerberts Park RoadDarlastonWALSALLWest MidlandsWS10 8QJ Main Activity 80100 - PRIM

EDUCATION

145

England Type of Location Fixed

HSE Details







Description I.N. 300916188 requiring suitable and sufficient assessment as to the likelypresence and condition of asbestos containing materials associated with thebuilding's columns and the preparation and implementation of a written planfor managing the risk by maintaining or removing any asbestos containingmaterials CD 12.12.07




Location of Offence





Address Darlaston CommunityScience CoDarlaston CommunityScience CoHerberts Park RoadDarlastonWALSALLWest MidlandsWS10 8QJEngland


HSE Details




146




Description Improvement notice 300916208 requiring suitable and sufficient assessment asto the likely presence and condition of asbestos containing materials associatedwith the building's columns and the preparation and implementation of awritten plan for managing the risk by maintaining or removing any asbestoscontaining materials. CD 12.12.07WalsallWillenhall School12 Sep 07 – 12 Dec 07




Location of Offence





Address Willenhall School Sports ColleWillenhall School Sports ColleFurzebank WayWillenhallWOLVERHAMPTONWest MidlandsWV12 4BDEngland


HSE Details







Description CLASP Management I.N. 300916219 requiring suitable and sufficient assessmentas to the likely presence and condition of asbestos containing materialsassociated with the building's columns and the preparation and implementationof a written plan for managing the risk by maintaining or removing any asbestoscontaining materials, CD 12.12.07WalsallDelves Junior School12 Sep 07 – 12 Dec 07

147




Location of Offence





Address Delves Junior School/WalsallDelves Junior SchoolBell LaneWALSALLWest MidlandsWS5 4PUEngland


HSE Details





Notice 300866221 served against City of Edinburgh Council on 29/08/2007


Description City of Edinburgh Council, 1 Improvement Notice (Notice No 300705341) served -Duty to manage Asbestos (Reg 4) requiring improvement to arrangementsidentifying locations which may contain asbestos in Council owned or operatednon-domestic premises.

1 Improvement Notice (Notice number 300866221) served Control of AsbestosRegulations - Provision of information, instruction and training to employees liableto disturb or damage asbestos in course of work, and those who supervise suchemployees.Castlebrae High School28 Aug 07 – 24 Oct 07 – 30 Nov 07




Location of Offence

148

Region Scotland






HSE Details





__________________________________

Notice 300705341 served against City of Edinburgh Council on 25/05/2007


Description City of Edinburgh Council, 1 Improvement Notice (Notice No 300705341)served - Duty to manage Asbestos (Reg 4) requiring improvement toarrangements identifying locations which may contain asbestos in Councilowned or operated non-domestic premises. 1 Improvement Notice (Noticenumber 300866221) served Control of Asbestos Regulations - Provision ofinformation, instruction and training to employees liable to disturb or damageasbestos in course of work, and those who supervise such employees.




Location of Offence

Region Scotland





149


HSE Details





_________________________________________________

Prosecution Details for Case No. 4114675



OffenceDate

05/02/2007



Location of Offence

Region Scotland






HSE Details



150

Notice 300828881 served against Sandwell Metropolitan Borough Council on 02/08/2007


Description 300828881 IN for failing to manage asbestos risks,Sandwell Metropolitan Borough CouncilSt Michael's CE High School2 Aug 07 Ext 1/10/07




Location of Offence


Local Authority Sandwell



Address St Michaels CE HighSchool/San

England


HSE Details





____________________________________________________________-

Notice 300714788 served against Liverpool City Council on 30/05/2007


Description IN served due to inadequate provision of information, instruction, trainingregarding the management of asbestos for those individuals in premisesmangement roles in premises under the control of the Council.

151




Location of Offence

Region North West

Local Authority Liverpool



Address HQ/MunicipalBuilding/LiverpooGnd FloorMunicipal BuildingLIVERPOOLL69 2DHEngland


HSE Details

HSE Group NWOP2FMU2 HSE Directorate Field OperationsDirectorate


____________________________________________________________________________________________

Notice 300500628 served against Cardiff County Council on 08/01/2007


Description IN DTM Asbestos - Council have failed to manage asbestos in all of itspremises. IN served to manage asbestos as per Regulation 4 of the Control ofAsbestos Regulations 2006.Cardiff300500628 8 Jan 07 – 8 Jun 07300500642 8 Jan 07 - 08/11/2007300471647 8 Jan 07 - 08/11/2007Main activity Sec Ed




Location of Offence

Region Wales

Local Authority

Cardiff UA


Main Activity 80210 - SEC EDUCATION

Address Cardiff/Cardiff CountyCouncilNewportRoadRumneyCARDIFFSouthGlamorganCF3 8AGWales Type of Loca Other Land Location

152

tion

HSE Details

HSE Group

WSWFMU2

HSEDirectorate


HSEArea

HSE Division Wales & South West


http://www.hse.gov.uk/notices/notices/notice_list.asp?ST=N&SN=F&EO=%3D&SF=RID&SV=1139150



Description DTM Asbestos - Council have failed to manage asbestos in all of its premises.IN served to manage asbestos as per Regulation 4 of the Control of AsbestosRegulations 2006.300500642




Location of Offence

Region Wales

Local Authority Cardiff UA



Address Cardiff/Cardiff CountyCouncilNewport RoadRumneyCARDIFFSouth GlamorganCF3 8AGWales

Type of Location Other Land Location

HSE Details

HSE Group WSW FMU2 HSE Directorate Field OperationsDirectorate

HSE Area HSE Division Wales & South West



153



Description DTM Asbestos - Council have failed to manage asbestos in all of its premises. INserved to manage asbestos as per Regulation 4 of the Control of AsbestosRegulations 2006.300471647




Location of Offence

Region Wales






HSE Details







Description DTM Asbestos - Council have failed to manage asbestos in all of its premises. INserved to manage asbestos as per Regulation 4 of the Control of AsbestosRegulations 2006.300479156 7 Jun 07




154

Location of Offence

Region Wales






HSE Details




Notice 300246133 served against St Hilda's School (Harpenden) Ltd on 06/07/2006


Description 300246133. You have failed to manage the risks from asbestos in non-domesticpremises where you are in control of the said premises (namely the main house,outbuildings and external storage areas on site)St Hildas school HarpendenHertfordshire6 Jul 2007 – 29 Sep 06




Location of Offence

Region

Local Authority



Address St Hilda's School(Harpenden)St. Hildas School28 Douglas RoadHARPENDENHertfordshireAL5 2ES


HSE Details

155

HSE Group SEOP2FMU15 HSE Directorate Field OperationsDirectorate

HSE Area HSE Division


© Copyright Health & Safety Executive 2001. All information is provisional and may be subject to revision


Notice 300396451 served against Bluecoat School & Technology College on 18/10/2006


Description 30003966451 IN served on Chair of Governors under CAW Regs 2002 toproduce asbestos management planBluecoat school and Technology collegeNottingham UA18 Oct 10 12 Jan 07




Location of Offence

Region East Midlands

Local Authority Nottingham UA



Address Aspley Lane/BluecoatSchool &Nottingham BluecoatSchoolAspley LaneNOTTINGHAMNG8 5GYEngland


HSE Details




156


Notice 300232779 served against Tameside Metropolitan Borough Council on 17/11/2005


Description 300232779. Despite having asbestos survey of Copley High School that identifiedasbestos as being present, and recomended the repair / encapsulation of theasbestos containing material, this has not been acted on in the kitchen and adjoiningrooms.TamesideCopeley high17 Nov 05 – 19 Dec 05




Location of Offence

Region North West

Local Authority Tameside



Address Copley HighSchool/Tameside MeHuddersfield RdSTALYBRIDGECheshireSK15 2PTEngland


HSE Details

HSE Group NWOP2FMU1 HSE Directorate Field OperationsDirectorate




157

MRL30 Mar 14

hse enforcement schools - asbestos in schools · 1 hse enforcement schools for infringements of the...

Documents