Metal recycling business Baxketh Ltd has been fined £12,00 and ordered to pay £3,804.20 in costs for failing to protect workers from asbestos exposure.

Teesside Magistrates’ Court handed the penalty to the Hartlepool firm (and two of its directors) on Tuesday (5 August), after the company pleaded guilty to breaching Regulations 5(a) and 16 of the Control of Asbestos Regulations 2012 and exposing workers to the hazardous material without proper warning.

Asbestos is said to be the single greatest cause of work-related deaths in the UK due to its toxic nature when inhaled.

Case background

The court heard that in 2013, the company had agreed to remove the steel work from the premises of UK Tankcleaning Services Ltd in New Road, Billingham, on the basis that Baxketh Ltd would take the value of the scrap metal as payment for the work.

However, the steel included several pipe work systems covered in lagging containing potentially-dangerous asbestos fibres, which were removed by workers without the firm putting any measures in place to prevent the spread of asbestos fibres.

After receiving complaints from a worker at a neighbouring premises, investigating officers from the Health and Safety Executive (HSE) visited the site on 22 February 2013 and saw Baxketh Ltd directors Michael Almond Senior and Michael Almond Junior operating a mechanical excavator to move steel from the ground into a skip. There was reportedly a ‘significant amount of pipe work and damaged insulation scattered on the ground’.

Following tests on the debris, HSE officers found that the insulation lying on the ground did contain asbestos. As such, UK Tankcleaning Services Ltd had to have the site environmentally cleaned.

Following its investigation, HSE concluded that UK Tankcleaning Services Ltd had failed to provide information to Baxketh Ltd about the location and condition of potential asbestos materials, while the metal recycling company had not only carried out the work without carrying out the necessary assessment to determine whether asbestos was present, but had also failed to take any measures to prevent the spread of asbestos fibres and the risk of exposure to its workers.

The personal involvement of both directors meant they too had been prosecuted as individuals.

Teesside court therefore fined:

• Baxketh Ltd a total of £12,000 and ordered it to pay £3,804.20 in costs for failing to protect workers from asbestos exposure;
• UK Tankcleaning Services Ltd a total of £10,000 with £2,243.40 costs for failing to properly identify any potential asbestos;
• Michael Joseph Almond Senior a total of £1,000 and ordered to pay £204.80 in costs for failing to protect workers from asbestos exposure; and
• Michael Vincent Almond Junior a total of £650 for failing to prevent the spread of asbestos mateirals. There was no order for costs issued against him.

‘Single greatest cause of work-related deaths in the UK’

Speaking after the case HSE Inspector Julian Nettleton said: “Asbestos is the single greatest cause of work-related deaths in the UK and there is a lot of industry in the Teesside area that still uses, or occupies premises that have old chemical processing plant dating back to the 60’s. Almost all of it was lagged with asbestos in those days.

“Site operators and contractors working at these sites should always assume that old pipework is lagged with asbestos unless there is reliable evidence that says otherwise. Those involved in the construction and refurbishment industry also have a clear duty to ensure that work is managed so as to prevent the spread of asbestos.

“This incident occurred because UK Tankcleaning Services Ltd’s asbestos management systems did not include anything relating to informing others of the presence of asbestos on the site.

“Baxketh failed to carry out an asbestos assessment before starting work and did not take any measures to prevent the spread of asbestos fibres. This put the directors themselves, their own employee and others working nearby at risk of exposure to asbestos fibres and the court agreed that both companies were equally culpable for the offences.”

Find out more about the health risks of asbestos.