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11 December 2024

By James

Category: Industry

Asbestos Mismanagement in School Leads To A Large Fine


An Essex school has been fined £46,000 after poorly managed refurbishment work led to the disturbance of asbestos, endangering staff and others.

Chelmsford Crown Court heard that The Boswells School, located in Chelmsford, initiated plans to convert an old boiler room into a cleaning storage area. During the project, asbestos residues on the walls were disturbed, and caretakers unknowingly swept up contaminated debris. The health risks only came to light after a subsequent asbestos survey revealed the extent of the contamination in the area.

The Health and Safety Executive (HSE) launched an investigation, uncovering additional asbestos-containing materials (ACMs) throughout the school. Over the years, school caretakers and contractors had unwittingly disturbed the building’s structure without being informed of the presence of ACMs.

As a result, The Boswells Academy Trust, located on Burnham Road, Chelmsford, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The court imposed a fine of £26,000 and ordered the trust to pay £20,000 in legal costs.

Statement from the HSE

Following the court proceedings, HSE Inspector Glyn Davies emphasized the importance of asbestos management, stating:

“The Boswells Academy Trust should have controlled this potentially lethal risk by identifying the type, location and condition of any asbestos-containing-materials within the fabric of the school, and by implementing suitable precautions to prevent its disturbance. It should then have ensured that such information was shared with anyone liable to disturb this fabric. It may also have arranged for a licensed asbestos contractor to remove any dangerous asbestos safely before commencement of any work.”

“This prosecution should act as a reminder, not just to schools but to all persons in control of the repair and maintenance of non-domestic premises, of the need to ensure that a suitable and sufficient assessment of risk from asbestos is carried out, and that correct control measures are put in place to ensure that exposure to asbestos is prevented, so far as is reasonably practicable.”

This case underscores the critical need for rigorous asbestos surveys and management, particularly in older buildings. Identifying and safely handling asbestos-containing materials is essential to prevent harmful exposure and ensure compliance with legal safety standards.

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