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March/April 2023 issue

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Construction
News

Faked testing report costs asbestos analyst £6,000

Open-access content Tuesday 24th January 2017
From the archive:  Just so you know, this article is more than 3 years old.

In November 2015 Barrie Lyons had been contracted to carry out the final inspection and air testing at a construction site in Manchester, following licensed asbestos removal.

The job required him to carry out a thorough examination of the area where the asbestos had been removed, and collect and evaluate air samples to ensure it was free of the dangerous fibres.

Greater Manchester Magistrates' Court was told that the report Lyons submitted to his employer and the client indicated that he had completed a suitable site inspection. However, the Health and Safety Executive (HSE) found that he had not carried out the correct amount of air sampling.

The executive said Lyons' "published results could no longer be relied upon" because he had "deliberately falsified his report". The asbestos removal contractor had to pay for another clearance test.

Lyons pleaded guilty to breaching s 7(a) of the Health and Safety at Work Act, for failing to take reasonable care for his health and the health of others. He was fined £2,000 plus £3,905 in costs.

HSE inspector Matthew Greenly said after the hearing: "Asbestos analysts play a vital role in ensuring that areas are safe to enter after asbestos is removed. Mr Lyons sadly chose on this occasion to falsify his records which was a massive abuse of the trust placed in him by the client.

"This deliberate act increased the risk of numerous people potentially being exposed to asbestos, a risk Mr Lyons would be very well aware of from his experience, all to save a little time and finish the job early."

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 Canada to ban asbestos by 2018

Thursday 5th January 2017
In a statement, government ministers of health, science and the environment said new regulations will outlaw the production, use, import and export of asbestos under the Canadian Environmental Protection Act 1999. It will establish new rules to reduce the risk of exposure in the workplace and change building codes to prohibit asbestos use in new construction and renovation projects across the country. Science minister Kirsty Duncan said: “There is irrefutable evidence that has led us to take concrete action to ban asbestos.”
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 Suspended jail term for supervisor who exposed workers to asbestos

Wednesday 4th January 2017
Birmingham-based Asbestos Decontamination Services employee Alan Burdett was overseeing a group of operatives during a large-scale asbestos ceiling removal project at Raleigh House in Stockport. He was filmed letting workers enter a sealed asbestos enclosure, designed to prevent airborne fibres escaping and contaminating people and the main building, even though they were not wearing facemasks or protective clothing.
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 *UPDATE* Two-year jail sentence for director follows MEWP failure fatality

Tuesday 24th January 2017
The mobile elevating work platform (MEWP) was owned by Craig Services and Access, which was managed by Donald Craig. He was found guilty of a charge under s 37(1) of the Health and Safety at Work (HSW) Act at Airdrie Sheriff Court and sentenced on 6 January after a 16-day trial. Craig had denied the allegations.His company was fined £61,000 for failing to ensure that operators were not exposed to the risk of injury or death, for failing to maintain the equipment, and for hiring out the cherry picker when it had not been certified as safe.
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 Construction heads launch Mates in Mind scheme to reduce mental illness toll

Thursday 26th January 2017
With pump-priming funding from the British Safety Council, Mates in Mind has been registered as a charity and will coordinate a tiered training package targeted at managers down to operatives, provided by partners Mental Health First Aid, the mental health charity, Mind, and the Samaritans.
Open-access content

 CO exposure on construction site left worker hospitalised

Tuesday 31st January 2017
The workers were using a petrol saw to cut out an existing concrete floor at a fish factory in Hull. In order to protect the factory’s surfaces from dust, they created a sealed enclosure from timber and polythene. The space was not ventilated and in October 2015 there was a build-up of carbon monoxide from the saw, which left one worker hospitalised. The Health and Safety Executive’s (HSE) investigation found Westland had not planned the work and failed to consider the dangers of an un-ventilated tent.
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 Two-year jail sentence for director follows MEWP failure fatality

Tuesday 10th January 2017
The company was also fined £61,000 for failing to ensure that those using the equipment were not exposed to the risk of injury or death, for failing to maintain the equipment and for hiring the cherry picker out when it had not been certified as safe. Another company, J M Access Solutions, which had been hired to carry out statutory thorough inspections was also fined £30,000 for failing to do so.
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  Morrisons’ £3.5m fine is ‘a warning to all employers’, says council

Friday 24th March 2023
Morrisons supermarket has been fined £3.5 million for failing to ensure the health and safety of an epileptic employee who died after falling from a shop stairway.
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 IOSH launches new five-year strategy

Tuesday 21st March 2023
IOSH launches its new five-year strategy this spring. It will build and act on the reshaped purpose and ambition gained during WORK 2022, which ran from 2017 to 2022.
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 Risk & Compliance software provider collaborates with HSE and Costain to improve risk management on worksites

Friday 17th March 2023
A Belfast-based Risk & Compliance software provider has been collaborating with the Health and Safety Executive (HSE) and construction giant Costain as part of an ongoing project to unlock artificial intelligence’s (AI) potential in improving the management of risks on worksites.
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 Risk & Compliance software provider collaborates with HSE and Costain to improve risk management on worksites

Friday 17th March 2023
A Belfast-based Risk & Compliance software provider has been collaborating with the Health and Safety Executive (HSE) and construction giant Costain as part of an ongoing project to unlock artificial intelligence’s (AI) potential in improving the management of risks on worksites.
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 Musculoskeletal disorders in construction

Thursday 2nd March 2023
Ian Whittles, an HSE construction inspector, reveals the cultural challenges in the sector, the drive behind the Work Right campaign and the musculoskeletal benefits it hopes to achieve.
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 Principal contractor handed £146k fine for fatal excavator crush goes into liquidation

Tuesday 14th February 2023
Birch Brothers (Kidderminster) Ltd was the principal contractor on a construction project in Derbyshire that was building a concrete overflow weir structure on the site. The Midlands firm had brought in steel fixers and joiners to undertake the work.
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 Negligence claim over mesothelioma death dismissed

Thursday 2nd March 2023
Defendant found not to have breached duty of care over asbestos exposure in the 1950s.
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 Logistics giant Eddie Stobart’s £133k fine for exposing port staff to asbestos

Friday 2nd December 2022
Eddie Stobart has been fined £133,000 for a number of failures that resulted in staff at its rail and container freight port in Widnes, Cheshire being exposed to asbestos.
Open-access content
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 Regulator launches asbestos inspection campaign in schools

Monday 5th September 2022
More than three quarters of Britain’s schools contain asbestos – and the HSE is clamping down on them this month.
Open-access content
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