Skip to main content
IOSH Magazine: Safety, Health and Wellbeing in the world of work - return to the homepage IOSH Magaazine logo
  • Visit IOSH Magazine on Facebook
  • Visit @ioshmagazine on Twitter
  • Visit IOSH Magazine on LinkedIn
The dangers of forestry
Grenfell five years on
Rehab and return to work

Main navigation

  • Home
    • Browse previous issues
    • Member accolades
    • Member tributes
  • Health
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Management
    • Human factors
      • Accident reduction
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Sickness absence
      • Young workers
    • Leadership and management
      • Employee involvement
      • Management systems
    • Management standards
      • ISO 45001
      • ISO 45003
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Rehabilitation
      • Personal injury
      • Return to work
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Skills
    • Communication
    • Personal performance
      • Achieving Fellowship
      • Career development
      • Competencies
      • Personal development
      • Professional skills
      • Qualifications
    • Stakeholder management
    • Working with others
      • Leadership
      • Future Leaders
  • Jobs
  • Covid-19
  • Knowledge Bank
    • Back to basics
    • Book club
    • Infographics
    • Podcast
    • Reports
    • Webinars
    • Videos
  • Products & Services
  • Management
    • Human factors
      • Sickness absence
      • Accident reduction
      • Control of contractors
      • Migrant workers
      • Older workers
      • Reporting
      • Safe systems of work
      • Young workers
    • Leadership and management
      • Employee involvement
      • Leadership
      • Management systems
    • Management standards
      • ISO 45001
      • ISO 45003
    • Planning
      • Assurance
      • Compliance
      • Emergency planning
      • Insurance
    • Strategy
      • Corporate governance
      • Performance/results
      • Regulation/enforcement
      • Reputation
    • Sustainability
      • Human capital and Vision Zero
  • Health
    • COVID-19
    • Mental health and wellbeing
      • Bullying
      • Drugs and alcohol
      • Mental health
      • Stress
      • Wellbeing
    • Musculoskeletal disorders (MSDs)
      • Ergonomics
      • Manual handling
      • Vibration
    • Occupational cancer
      • Asbestos
      • Hazardous substances
      • Radiation
  • Safety
    • Incident management
      • Chemicals
      • Electricity
      • Fire
      • First aid
      • Slips and trips
    • Non-health related fatalities
      • Road safety
      • Work at height
    • Risk management
      • Confined spaces
      • Disability
      • Legionella
      • Lifting operations
      • Lone workers
      • Noise
      • Personal protective equipment
      • Violence at work
      • Work equipment
      • Workplace transport
  • Skills
    • Communication
    • Personal performance
      • Career development
      • Competencies
      • Personal development
      • Qualifications
      • Professional skills
      • Achieving Fellowship
    • Stakeholder management
    • Working with others
      • Leadership
      • Future Leaders
  • Transport and logistics
  • Third sector
  • Retail
  • Mining and quarrying
  • Rail
  • Rehabilitation
    • Personal injury
    • Return to work
  • Utilities
  • Manufacturing and engineering
  • Construction
  • Sector: IOSH Branch
    • Sector: Northern Ireland
    • Sector: Midland
    • Sector: Merseyside
    • Sector: Manchester and North West Districts
    • Sector: Ireland East
    • Sector: Ireland
    • Sector: Edinburgh
    • Sector: Desmond-South Munster
    • Sector: Qatar
    • Sector: Oman
    • Singapore
    • Sector: South Coast
    • Sector: South Wales
    • Sector: Thames Valley
    • Sector: Tyne and Wear
    • Sector: UAE
    • Sector: West of Scotland
    • Sector: Yorkshire
  • Healthcare
  • Sector: Fire
  • Sector: Financial/general services
  • Sector: Energy
  • Education
  • Sector: Communications and media
  • Chemicals
  • Sector: Central government
  • Catering and leisure
  • Agriculture and forestry
  • Sector: Local government
  • Sector: IOSH Group
    • Sector: Financial Services
    • Sector: Sports Grounds and Events
    • Rural industries
    • Sector: railway
    • Public Services
    • Sector: Offshore
    • Sector: Hazardous Industries
    • Sector: Food and Drink
    • Sector: Fire Risk Management
    • Education
    • Construction
    • Sector: Aviation and Aerospace
Quick links:
  • Home
  • Categories
  • Topics
  • Health
  • Occupational cancer
  • Asbestos
Older workers
Young workers
Education
News

Council fined £200k for exposing primary school staff to asbestos

Open-access content Tuesday 4th September 2018

Council fined £200k for exposing primary school staff to asbestos

Kent County Council was fined £200,000 for the oversight because, as the employer under the Health and Safety at Work Act, it had failed to ensure employees liable to be exposed to asbestos had been trained adequately. The school, Lansdowne primary, was not prosecuted because it had transferred to the Stour Academy Trust and was no longer run by the council at the time of the Health and Safety Executive's (HSE) initial visit.

On 6 November 2014, environmental health officers from the council were carrying out a routine food inspection of the school's kitchen when they found asbestos rope hanging from the ceiling.

An investigation by the HSE found that the school's caretaker, on the apparent instructions of the then headteacher, had disturbed an asbestos flue pipe and an asbestos rope gasket while removing an air steriliser in May 2013 to make way for a freezer.

The HSE served a prohibition notice, closing the kitchen. The notice said: "You have failed to prevent the exposure of employees to asbestos so far as reasonably practicable, in particular the partial steriliser flue and sealant in the school kitchen."

Licensed contractors removed the remaining asbestos containing materials and a deep clean was carried out before the kitchen reopened.

Canterbury Crown Court was told that an asbestos survey by PA Group (UK) in July 2013 ahead of planned building works graded the exposed flue as a medium risk. The report stated: "Item not due to be disturbed by proposed works but requires safe removal due to potential damage exposure."

HSE inspector Kevin Golding told IOSH Magazine there was no evidence that this was ever brought to Kent's attention.

He said neither the caretaker nor the headteacher had any asbestos management or awareness training. Though the council did have policies on providing asbestos training, it had failed to check and monitor that they were being properly followed.

In March 2010 an HSE asbestos management inspection programme found that headteachers were not ensuring that caretakers attended asbestos awareness training and that reporting to the council was inconsistent.

On the HSE's advice, Kent made training mandatory for all relevant school staff. "Unfortunately, what they didn't do was follow that up with a robust system for checking that the training was continuing to be provided," Golding said. "[The council] now has a system which checks that caretakers have asbestos awareness training and it's an explicit requirement."

Kent pleaded guilty to breaching reg 10(1) of the Control of Asbestos Regulations.

Under the sentencing guidelines, Judge Heather Norton said the case was medium culpability, harm category 3. Dealing with the council as a large organisation, she reduced the starting point from £400,000 to £300,000 "given that the cost will ultimately, even if not immediately, fall to the residents to pay". She awarded a full discount for the council's early guilty plea and fined it £200,000 with full costs of £21,501 to be paid.

Topics:
Asbestos
Older workers
Young workers
Education
News

You might also like...

Share
  • Twitter
  • Facebook
  • Linked in
  • Mail
  • Print

Latest Jobs

DSE Assessor

Coventry
£36000.00 - £40000.00 per annum
Reference
5449758

HSEQ Manager - Relocation Package Available

Fort William
Competitive Salary + Package
Reference
5449757

Health & Safety Officer

England, London
£35000.00 - £45000.00 per annum
Reference
5449756
See all jobs »

Today's top reads

Sign up for regular e-alerts

Receive the latest news and features, free to your inbox

Sign up

Subscribe to IOSH magazine

Receive the print edition straight to your door

Subscribe
IOSH Covers
​
FOLLOW US
Twitter
LinkedIn
YouTube
CONTACT US
Contact us
Tel +44 (0)20 7880 6200
​

IOSH

About IOSH
Become a member
IOSH Events
MyIOSH

Information

Privacy Policy
Terms & Conditions
Cookie Policy

Get in touch

Contact us
Advertise with us
Subscribe to IOSH magazine
Write for IOSH magazine

IOSH Magazine

Health
Safety
Management
Skills
IOSH Jobs

© 2022 IOSH • IOSH is not responsible for the content of external sites

ioshmagazine.com and IOSH Magazine are published by Redactive Media Group. All rights reserved. Reproduction of any part is not allowed without written permission.

Redactive Media Group Ltd, 71-75 Shelton Street, London WC2H 9JQ