Equitas Academies Trust, the owner and operator of Aston Manor Academy, and Birmingham Glass Services Ltd were jointly prosecuted by the Health and Safety Executive (HSE) after an investigation found they put employees at unnecessary risk in the incident on 6 June 2012.
Birmingham Magistrates' Court heard that Equitas Academies Trust undertook a project in the spring and summer of 2012 to replace old windows at the academy. The school appointed Birmingham Glass Services Ltd (BGS) to do the work, having previously used the company for other projects.
The court was told that four BGS workers attended the site, but did not receive an induction by any employee of Equitas Academies Trust. Nor was any information provided to the glass company’s employees on the location of any asbestos containing materials. The school's site manager told the BGS employees that ‘to the best of his knowledge’ there was no asbestos containing materials in the window area.
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While removing the windows, two of the BGS employees encountered strips of asbestos insulating board (AIB) packers, which prevented them from installing the new windows. The packers were removed from the frame using a crowbar, then snapped and dumped next to an asbestos decontamination unit on the school site that was being used for unrelated work by licensed asbestos removal contractors.
HSE found that along with not receiving information on where asbestos could be found in the building, these two employees had not received asbestos awareness training; and had not been provided with any form of personal protective equipment, such as face masks or protective clothing. They were therefore exposed to loose asbestos fibres while removing the asbestos packers and breaking them into pieces.
Magistrates also heard there were no emergency procedures in place for the employees if asbestos was disturbed.
The incident cost the school £20,000 through decontamination and replacement of floor coverings. Soft furnishings and children’s work had to be disposed of and parts of the school could not be used for the second part of the summer term.
Birmingham Glass Services Ltd, of Lightning Way, West Heath, Birmingham, was fined £5,000 and ordered to pay £1,969 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.
Equitas Academies Trust, of Phillips Street, Aston, Birmingham, was fined £7,500 with £3,000 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
(CD)
