Carton Manufacturer Fined 50,000 for Breaches of Asbestos Legislation

An egg carton manufacturer has been fined £50,000 and ordered to pay £86,000 in Court costs after an investigation was carried out by the HSE into the condition of asbestos containing material (ACM’s) at the firm’s site in Great Yarmouth in 2003.

The manufacturer failed to maintain the ACM’s throughout the site, specifically in areas where the materials were not easily accessible. They had not followed procedures and employees could have been exposed to asbestos for quite some time.

In the sample taken there was found to be high levels of asbestos in the air, namely from insulation on the top of dryers used to finish the cartons.

The Company pleaded guilty at an earlier hearing to breaches in the Health and Safety at Work etc., Act 1974, Sections 2(1) and 3(1). They were subsequently fined £25,000 for each breach.

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”.

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 and safety”.
 

Peninsula Comment

At least 3,500 people in Great Britain die each year from asbestos related diseases as a result of past exposure to asbestos. Annual numbers of deaths are predicted to go on rising into the next decade.

Analysis of asbestos related deaths indicate that many deaths are due to heavy asbestos exposures in industries such as shipbuilding and railway engineering in the past. If control measures and safe systems of work are not adhered to, asbestos removal workers are now potentially at the highest risk, as are workers involved in the refurbishment, repair or maintenance of buildings such as plumbers, joiners and electricians.

 

 

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