MPs and peers have said that the presence of asbestos in most UK state schools constitutes a “national scandal”.

After studying estimates which suggest the material was present in more than 75% of state schools, an all-party group now wants to implement a scheme to remove the asbestos.

In the past 10 years more than a 140 teachers have died from the asbestos-related cancer, mesothelioma, which is primarily caused by exposure to asbestos.

Education chiefs are saying that it is unacceptable for schools to ignore guidance but that undamaged asbestos should not be disturbed.

In 2010 the Department for Education (DfE) revealed that its “best estimate” was that more than three-quarters of schools contain asbestos.

Chairman for the Parliamentary group on Occupational Safety and Health, Jim Sheridan said:

“This is a national scandal.”

“Urgent action is needed to prevent more pupils, teachers and other staff being exposed to this deadly killer dust.

He went onto say:

“We need both far greater awareness of the risks that this material poses and a programme for its phased removal.”

The group also recommended that parents, teachers and staff should be updated annually about asbestos in their schools, and the inspections into asbestos management should be reinstated.

The Department for Education said:

“If asbestos is not disturbed or damaged, then it is safer to leave it in situ, with strong systems in place to contain and monitor it”

Asbestos was often used in fireproofing and insulation from the 1950s until the mid – 1980s. It becomes dangerous when disturbed and if the fibres are inhaled it can cause fatal mesothelioma and debilitating asbestosis.

US researchers have found that for every death of a teacher from asbestos-related disease, nine children will die. Children are more vulnerable as they have longer than adults to develop diseases related to the material.

The Health and Safety Executive (HSE) have said that, inhaling asbestos is the single greatest cause of work-related deaths in the UK, accounting for 4000 deaths annually.

A DfE spokesman said the welfare of pupils and staff was paramount.

“It is unacceptable for any school not to comply with the strict statutory asbestos guidance – no ifs or buts,” he said.

But he added:

“HSE’s expert advice is based on the best current evidence.”

“It is absolutely clear that if asbestos is not disturbed or damaged, then it is safer to leave it in situ, with strong systems in place to contain and monitor it.”

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The hospital failed to implement effective controls to manage asbestos after a survey in 2004 found the substance in stairwells and lift shafts. The unsafe practices, which required maintenance workers to operate in these areas, continued until 2009, when they were quickly identified by the hospital’s new Health Board and reported to the HSE.

However, the HSE was powerless to pursue a prosecution over the asbestos breaches because of a legislative error, which failed to ensure that issues of previous corporate criminal responsibility were transferred to the Hywel Dda Local Health Board when it was created – along with six others – in 2009, as part of NHS reforms in Wales.

The chief executive of NHS Wales, David Sissling, has now commissioned an independent review into the management of asbestos at the hospital, so that lessons can be learned for the wider organisation. The review will be undertaken alongside the ongoing investigation by the HSE and the internal inquiry by the Health Board.  

Announcing the Government’s review yesterday (24 November), Mr Sissling said: “I felt that it was important to instigate this review to see if there are lessons that can be learnt in the handling of asbestos, both specifically for Bronglais Hospital and also, more broadly, for the NHS in Wales.”

“Once we have the findings and recommendations, I will consider what further action will be required if any.”

The independent review will seek to:

• identify the key events between 2004 and 2009 that contributed to the issues in relation to the management of asbestos;
• evaluate the key events and identify any significant shortcomings in relevant actions, or inactions;
• review the actions of Hywel Dda Local Health Board in its response to the HSE’s investigation, and consider if further actions are required to ensure that appropriate systems and processes are in place;
• recommend the key lessons to be learned by NHS Wales; and
• consider further appropriate processes or actions on any significant corporate or individual managerial failings.

A spokesperson for Hywel Dda Health Board said: “We will fully cooperate with this review, as we have done with the HSE since this matter came to light. Significant work has already been undertaken to ensure asbestos is effectively managed across all our premises.”

The review will be conducted by Clive Grace, former director-general for the Audit Commission Wales and chief executive of Torfaen County Borough Council. A final report on the findings and recommendations of the independent review will be submitted to the Mr Sissling by 30 January 2012.

Source: SHP

Traces of asbestos were found at Belvedere Infant School, in Mitchell Close, on November 17 and the school was closed as a safety precaution the following day.

All lessons have been suspended until December 1 and the school itself is not expected to open again until February next year.

Bexley Council is working with the school to provide alternative arrangements for children while the school remains closed.

The school assures parents children will be taught in the same class groups and by the same teachers when the school re-opens.

Headteacher Linda Mulley said: “This is an unexpected period of disruption for our children and I appreciate the patience that children, parents and carers have shown while we are putting final arrangements in place.

“I can assure parents and carers that while this is going on their children will continue to receive the same high level of education from their own teachers and teaching assistants.”

Tests were initially carried out on a small quantity of dust found in the hall but specialists have confirmed no trace of asbestos has been found in the air.

Extensive building work will see all damaged materials removed from the school and replaced with asbestos free alternatives.

The school teaches 240 youngsters aged between 4 and 7.

Source: News Shopper

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The survey was developed in conjunction with the United Kingdom Accreditation Service (UKAS) the organisation that currently accredits over 100 asbestos inspection bodies to carry out asbestos surveys.

The survey was promoted across all industries via the UK’s leading trade associations and trade unions, membership organisations and industry institutions.  Tradesmen, building occupiers, dutyholders, clients, FM’s, property managers of non-domestic buildings were encouraged to take the survey.

We had an overwhelming response and would like to thank all of those that took the survey.

Survey findings and results are being collated and these will be available in the next couple of weeks.

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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 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.”

Source: HSE

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The compliance checks were carried out at 164 voluntary aided and foundation schools and also academies. The 17% failure shows that 28 out of the 164 schools had inadequate management plans, however, another 110 schools received formal advice on how there was room for improvement with regards to their management plans.

Enforcement action taken against the 28 schools was not due to the danger of exposure for teachers and pupils, it was the failure to provide adequate training to staff and also not being able to produce and show inspectors management plans, which caused these failings.

Head of HSE’s public services sector, Geoff Cox said:

“Most schools were able to demonstrate good levels of awareness and compliance with the asbestos regulations and that’s encouraging, but this inspection initiative did highlight that there is still confusion in some schools over roles and responsibilities.”

Compliance with the control of asbestos Regulations (2006) in England, Scotland and Wales was broadly similar to that found in a survey and inspection program involving local authority controlled schools in 2009-10.

The HSE went onto say:

“We took action where schools had fallen below acceptable standards and we are working across the education sector to raise awareness and find ways to make it clearer for schools to understand their legal responsibilities. It is important to stress that asbestos which is properly managed, remains undamaged and is not disturbed is not a cause for concern. Those most at risk of disturbing asbestos are tradesmen or general maintenance workers so it is essential they know where asbestos is and that there work is carefully planned and managed.”

The HSE have not said that they experienced any schools to be in an unstable position with asbestos management and exposure, according to the HSE asbestos which is in a good condition and remains undamaged will not pose as any significant threat to health.

Asbestos which is in a good condition should not become a significant risk if it is handled by a licensed contractor in compliance with the legal requirements.

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The project involved the demolition of a building which had a restaurant on the ground floor and flats above; the project was being supervised by a Fadil Adil from South East London. The HSE have prosecuted the contractor for running a construction site which led to workers being exposed to asbestos-containing-material.

The demolition took place between the 21^st to the 29^th of June 2010, where asbestos insulating boards were present in the ground floor restaurant ceilings. The ceilings were broken up by three workmen using sledgehammers and hand-operated breakers meaning there is a strong possibility that the workmen were exposed to asbestos fibres.

An investigation by the HSE found that the defendant did not have a licence permitting him to work with asbestos nor was he trained in construction management.

HSE regulations state that an asbestos survey needs to be carried out on construction sites where asbestos might be present; this will ensure that guidance and training is provided to the workmen in order to make them aware of asbestos containing areas. Investigation found that there was no survey and that workers were not informed.

Ian Seabrook, an HSE Inspector said:

“Sadly, this kind of incident is all too familiar because the defendant’s actions meant that his colleagues were more than likely exposed to asbestos fibres. The dangers of asbestos are well known; it is the single greatest cause of work-related deaths in the UK with around 1,000 tradesmen dying each year from asbestos-related diseases.”

He went onto say:

“Anyone working with these sorts of materials has to commission an asbestos survey to ascertain the level of work needed and then have asbestos removed in a controlled manner by a licensed contractor.”

At the City of London Magistrates’ Court today, Fadil Adil pleaded guilty to breaching the Control of Asbestos Regulations 2006, and the Construction (Design and Management) Regulations 2007. He was fined £19,300 and ordered to pay costs of £7,654.

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The Health and Safety Executive (HSE) initiated the criminal proceedings against Marks and Spencer plc and three other companies for asbestos-related breaches during refurbishment work at shops. It has been said that the management of the ‘retail giant’ were more concerned about the refurbishment works being ‘unsightly and ‘interfering with the shopping experience’, than controlling the exposure of the cancer causing fibres.

Bournemouth crown court was told that Marks and Spencer plc, did not allocate sufficient time and space for the removal of asbestos-containing materials at the Reading store. The contractors had to work overnight in enclosures on the shop floor, with the aim of completing small areas of asbestos removal before the shop opened to the public each day.

Speaking from Bournemouth crown court, Judge Christopher Harvey Clark said:

“The response from Marks & Spencer was, in effect, to turn a blind eye to what was happening. It was already costing the company too much money. The tension between safety and profit had caused the lamentable problems at the Reading store when the ceiling possibly containing asbestos fell to the floor during opening hours.”

He went onto say:

“There has been no hint of a proper full apology for what happened. Asbestos is an extremely hazardous material it is a class one human carcinogen. Judge Clark also added that those who visited the store during the work have a right to be anxious as to whether they have breathed in asbestos fibres.”

The work being carried out and the Reading store was part of a £1.3 billion refurbishment project for Marks and Spencer (M&S) stores across Britain. M&S had employed contractors to remove the asbestos which was present in ceilings and elsewhere within the store. The refurbishments were being done during 2006 – 2007 within stores located in Reading and Bournemouth.

M&S guidance on removal of asbestos was not followed by the contractors during these major refurbishment works; however M&S had a responsibility to ensure that a ‘duty of care’ was followed during these works. This ‘duty of care’ was not only for the staff, workers and customers but to ensure that all the work was being carried out correctly and safely.

Marks and Spencer plc pleaded not guilty to breaching three counts of section 2(1), relating to their own staff, and three counts of section 3(1), relating to members of the public and other workers, of the Health and Safety at Work etc Act 1974. The ‘retail giant’ who made £500million of taxable profits last year has been found guilty of two charges under the Health and Safety at work Act 1974.

Nicholas Haggan, QC for M&S said:

“There was no evidence of ‘significant’ amounts of asbestos contamination.”
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The potentially lethal material was found by workmen in Brentfield Primary School, in Meadow Garth, Neasden, over the summer holidays.

Parts of the building have been cordoned off and parents say their children have been forced to use toilets in nearby Neasden Temple.

They also say hot food is off the menu and children are being forced to eat their lunches in classrooms.

A worried mother, who wished not to be named, said: “The school should be closed until all the work is carried out but the council doesn’t want to do this.

“Half of the building is sealed off. The children are using the temple next door to go to the toilet. There is no kitchen and they are eating in classrooms.

“It obviously is not safe if parts of the school are closed. Half of the parents have taken their kids out. A lot of parents down here don’t know what is going on.”

A meeting for parents was held on Tuesday morning with officers from Brent Council and the school’s headteacher, Paola Riddle.

But the mother said: “Parents still have a lot of questions. We don’t feel the issue has been resolved. It obviously is not safe if half the school is closed.”

Asbestos is most dangerous when it is damaged or disturbed and can cause a lethal form of cancer.

But a council spokesman said safety measures were in place and being monitored.

He said: “Brent Council regrets any disruption for pupils, parents and staff at Brentfield Primary School caused by the removal ofasbestos.

“An independent environmental services company carried a site assessment during and after the removal process and is fully satisfied with the safety precautions put in place and how the asbestos was removed, stored and transported.

“However, to maximise safety, parts of the school have been blocked off and no access will be allowed to staff, children and visitors until the main building work is completed.”

He also said provision to use toilets at the temple had been organised but they have not been needed.

Source: Times 24

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Jonathan Arnold, 49, of Castle Cary was fitting pipework for a new central heating system at Oxford House, in Combe Down, Bath when he was exposed to high levels of blue asbestos (crocidolite).

In a prosecution brought by the Health and Safety Executive (HSE) against the building’s owners, Formac Electronics Ltd, Bath Magistrates’ Court heard the airborne substance was disturbed and spread within the building during refurbishment.

The court was told that, for a five-hour period on 4 August, Mr Arnold was estimated to have been exposed to a high concentration of airborne asbestos fibres many times over the control limit.

HSE investigated the incident and found Formac Electronics Ltd had failed to carry out a refurbishment and demolition survey, to establish the presence and condition of asbestos in the building.

It also failed to provide suitable information to contractors prior to the start of the refurbishment works which resulted in uncontrolled disturbance of the loose fill blue asbestos located within the fabric of the building.

When an HSE Specialist Inspector visited Oxford House under controlled conditions, loose fill blue asbestos insulation material could be clearly seen in the area where Mr Arnold had spent a long time on his hands and knees fitting pipework on the 3 and 4 August 2010.

Asbestos exposure is linked to a range of serious diseases including lung cancer, asbestosis and mesothelioma, a malignant, incurable cancer. Of the three main asbestos types, crocidolite is associated with the highest risk of developing mesothelioma.

HSE inspector Helena Tinton said:

“Asbestos is a potent carcinogen and is especially common in buildings constructed between 1950 and 1980. As Oxford House was built in the 1960s, Formac Electronics Ltd should have been aware of the risk of asbestos being present in the building and should have carried out an appropriate level of investigation to prevent any workers from being exposed to the substance.

“The damage to Mr Arnold’s health after being exposed to such a high concentration of this potent carcinogen could be very serious and he now has to wait to find out what the long-term effects of this exposure will be.”

Formac Electronics Ltd, of Oxford House, Combe Down, Bath, admitted breaching Regulation 10 of the Construction (Design and Management) Regulations 2007 and was fined £600 with £6,013.45 in costs.

Asbestos is the single greatest cause of work-related deaths in the UK. For health and safety advice and guidance on working with asbestos, go to www.hse.gov.uk/asbestos. This month, HSE has called on the training industry to help them reach a target of 4,000 hours of free asbestos awareness training for workers across the UK in September.

Source: HSE

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