Once again, contractors have ended up with a heavy fine after being prosecuted under the CAR12 (Asbestos) Regulations.

In the court case two contractors were found guilty of not suitably managing the removal of some ceiling tiles at a school in Derby, they were fined over £100,000 plus ordered to pay a further £9,559 in costs. Asbestos is still being found in many of our refurbishment projects in older buildings as it was a cheap solution in the past. Yet still contractors are failing in their duties. In this particular case the main contractors only provided 'generic' risk assessments and put their workers at risk.

If you would like to read more on this please visit Asbestos Blunder Costs Contractors (Construction Enquirer)

Sadly, we are still seeing many reports of non-compliance with the CAR12 regulations and many prosecutions have happened. Obviously, this isn't likely to change however, in the longer term, one would like to hope that the implementation of the Asbestos regulations leads to better and safer work places.

The team at Ai Solutions continues to provide software solutions for Asbestos, this includes an excellent surveying tool. If you would like to know more about any of the products or services we offer, take a look at our Product Overview video or you can book a Free Consultation and Demonstration.

Call us on 01525 850343 or email sales@aisolutions.co.uk

Asbestos was used in construction as it was, before we knew any better, the new wonder material that allowed us to build fire-proofing into our buildings and in other construction assets.  It was particularly common during the post war period, especially in public buildings. However the fact we have used it so liberally has exposed people to it in many different areas. Charles raises concerns about the current asbestos situation in the UK and suggests it's time we revaluated, he goes on to say that European countries already have much tighter controls in place and recommends that we follow suit.

UK Issues Regards Asbestos:

• Much of the asbestos installed remains in-situ, with no effective regime for measuring any resulting current exposure
• Exposure is cumulative and there is little understanding of the level of the actual chronic exposure from asbestos left in-situ
• Workers (e.g. teachers, caretakers, nurses) not associated with acute exposure (such as trades people and construction workers) are dying from previous asbestos exposure and shall die in the future as a result of current and future exposure
• Generally, people are now living longer giving asbestos disease longer to manifest itself
• Children in schools risk becoming exposed to asbestos at a younger age, again increasing the years available for asbestos disease to develop

If you are interested in reading more of the white paper it is available free to download from www.lucionservices.com/asbestosinschools

The use of virtual reality headsets is becoming more widespread, you can now use them to walk around your detailed 3D models. This will aid in getting feedback from potential customers, plus it allows you to reconsider the design in situ. In turn this will enable you to design out hazards & risks and make improvements ergonomically and environmentally. It's a win/win situation.

For more on this type of technology and how it has been used as an aid in design please visit Stepping inside a virtual world to make the real one safer

We believe that blended learning is the best way to ensure that your staff/employees get the most of their training. Making the training more interesting facilitates a better learning environment for learners and increases their absorption of information. As we are human beings we do not all learn in the same way, blended learning provides a better learning environment for everyone and is a more engaging environment. 

Using the new Game-Based tool is one way of making learning 'fun' and, as many of us are now IT literate, 'gaming' is a popular pastime for many. Using this tool learners are "rewarded for speed and accuracy of decision-making as they manage health and safety risks within a simulated work environment. Employers get insight into areas where further knowledge is needed and potential hot spots in the business and can track improvements in knowledge and awareness".

We also note that the tool can also be made bespoke to suit your business which means you can ensure the learner gets relevant health and safety training for their role or the hazards within the business. For more information visit Game-based learning: health and safety or see the video below.

The SHP guidance provides practical guidance for employers and health and safety professionals. David Parr, who is the British Safety Councils head of audit sates that "we should not underestimate the significance of ISO 45001, as it will eventually replace up to 24 different standards across the globe. It provides a real opportunity for the profile of health and safety to be enhanced across organisations in any sector".

ISO 45001 will be the next target that businesses will be aiming for ion the longer term. If you would like to download a copy of their guidance go to www.shponline.co.uk

Whilst the EPA clarified it's position with a press release stating "the press reports on this issue are inaccurate. Without the proposed Significant New Use Rule (SNUR) EPA would not have a regulatory basis to restrict manufacturing and processing for the new asbestos uses covered by the rule. The EPA action would prohibit companies from manufacturing, importing, or processing for these new uses of asbestos unless they receive approval from the EPA." there seems to be widespread concerns documented in the press and across some social media platforms regarding this approach. We have to keep in mind this is a proposed framework, and that it was open for comment until 10th August, but it does cast some uncertainty over what is the use of an incredibly lethal carcinogenic material.

Hopefullly the framework, if it comes in to use, is used for good rather than the reintroduction or further use of Asbestos in manufacturing. Asbestos control and management is critical; introducing more in to our environment(s) would be a backwards step.

At Ai Solutions, we are fortunate that we do not have to deal with Asbestos directly, but we do help others that are involved in the management of Asbestos - one of our leading packages allows our customers to manage their Asbestos Compliance issues easily and simply. The Asbestos ToolKit CS software facilitates a completely audited system that provides you with peace of mind when managing your asbestos portfolio. Want to know more? Then view the Asbestos Management & Compliance Product Overview Video which tells you more about the ToolKit CS™ system and how it can help you manage your own Asbestos Portfolio.

Sources:

• The Guardian: Russian mining firm puts Trump's face on its asbestos products
• NBC News: Could EPA proposal lead to new uses for cancer-causing asbestos?

Gross negligence manslaughter is a form of involuntary manslaughter where the defendant is ostensibly acting lawfully. Involuntary manslaughter may arise where the defendant has caused death but neither intended to cause death nor intended to cause serious bodily harm and thus lacks the mens rea of murder. Whereas constructive manslaughter exists where the defendant commits an unlawful act which results in death, gross negligence manslaughter is not dependant on demonstrating an unlawful act has been committed. Gross negligence manslaughter can be said to apply where the defendant commits a lawful act in such a way as to render the actions criminal.  Gross negligence manslaughter also differs from constructive manslaughter in that it can be committed by omission.

So, within Health and Safety Law if someone in your care or working for you is killed because you failed to have adequate means for their safety in place. This may well be because you wanted to cut costs, looking for a cheaper solution (or no solution at all). Sadly, within the construction industry, this situation is common place.

To avoid hefty fines, and the potential to be put away for several years, the Client needs to make sure that costs are not cut in regards to safety. SHP state that "senior executives need to be aware of the behaviours that can get them into the worst trouble and proactively lead an agenda of compliance. Furthermore, these guidelines can be harnessed as a tool to train directors and senior executives as to the importance of setting the right tone at the top".

Don't forget, not knowing is not an excuse either, we must all comply with the law!