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johnmurray  
#1 Posted : 01 October 2011 09:03:02(UTC)
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johnmurray

bob youel  
#2 Posted : 04 October 2011 08:12:07(UTC)
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bob youel

Its goes to show what people really think/are bothered about as the TV news; as I am aware; has not reported this
Clairel  
#3 Posted : 04 October 2011 08:53:57(UTC)
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Clairel

It would have been nice to see this publicised. Part of the point of prosecution is to send out a message to others as well.
bod212  
#4 Posted : 04 October 2011 09:51:36(UTC)
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bod212

I think we all agree that the fine isn't really proportionate to their profits, but fines seldom are. It is their reputation on the high street that might be damaged. I have said on other posts though that I get totally perplexed when I hear of any organisation regardless of their size still flouting the CAR 2006 (2002) regs (& reg 4 specifically) over seven years after the duty to manage was enshrined in the said regulations. So when the current regs get revoked (and they will) and replaced with new ones (notifiable non licensed work, anyone) you can see the level of compliance and interpretation that will follow... I know it's slightly off topic but you see what I'm getting at. The point I am trying to make is that if asbestos regulations are being poorly interpreted now (in this case by big organisations) then it does not bode well for them being interpreted correctly when they are revised especially when you consider that said revisions will mean that CAR 2...(?) will affect potentially many more organisations. A lot of whom will have never given asbestos notifications, employee medicals and health records any thought at all. Brace yourselves...
Stedman  
#5 Posted : 04 October 2011 12:05:43(UTC)
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Stedman

The trouble is that all the press reports that I have read seem to be based upon the HSE press release rather than being a balanced report of what took part during the three months of the actual trial. If you dig a bit deeper, there were three projects which the defendant were being prosecuted on, however it was only one which the prosecution only succeeded with. To suggest that the defendant did not take asbestos seriously seems a bit unfair when they employed a large consultancy to assist them with the safety management of their construction programme, employed a competent principal contractor, employed a large (HSE) licensed asbestos abatement organisation and had developed their own QA asbestos removal procedures. Unfortunately there were also some serious management failures which have came back and bit that organisation. The professional practitioner in me feels that this case is another typical example of asbestos coming back and biting you on a large project when you think that you have it under control. If we are being honest there are many root causes to the failure of the management of this legacy. Personally I would have liked to have seen more extensive and balanced press reporting from this case rather than another set of headlines telling us that asbestos must be carefully managed.
Graham Bullough  
#6 Posted : 04 October 2011 18:52:19(UTC)
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Graham Bullough

Though I haven't looked for details of the case involved, it seems that stedman makes some very valid points. Thus, the title of this topic is unfair and more appropriate to a media report of the sensationalist kind. John M - please don't take this as a personal attack - it's not intended. The same sort of comment applies equally to the titles of some other topics which are posted on this forum. Ongoing compliance with asbestos laws can be tricky. My employer - a sizeable local authority - and no doubt many other organisations with many different buildings controlled by semi-autonomous managements, e.g. schools, have spent considerable time, money and effort in various ways to try and get the message across to those who need to know about effectively managing asbestos. However, with ongoing changes of people, possibly misguided attempts to save money (especially during times when budgets are being cut, and a multitude of different contractors (ranging from sizeable firms to self-employed individuals) visiting the buildings for various purposes, there's always a residual risk, hopefully a slender one, that somebody somewhere will cause an uncontrolled release of asbestos fibres. If this happens, despite ample measures to try and prevent it, there's an associated risk of prosecution and conviction with a hefty fine plus adverse publicity.
johnmurray  
#7 Posted : 05 October 2011 08:19:02(UTC)
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johnmurray

I posted the item from HSE as a convenience. The news was read [by me] from construction news on the construction index, a search index I use. They were considerably less impressed than previous comments [above] would indicate. The facts seem less impressive as well [as reported] http://www.theconstructi...on-for-asbestos-breaches
Quote:
failed to reduce to a minimum the spread of asbestos to the Reading shop floor. Witnesses said that areas cleaned by the company were re-contaminated by air moving through the void between the ceiling tiles and the floor above, and by poor standards of work
Stedman  
#8 Posted : 05 October 2011 10:08:16(UTC)
Rank: Super forum user
Stedman

John, All the press reports in this case appear to go back to one source which is the HSE press office and the quote that you are using is only one statement selected out of a marathon length trial. If this case was reported more objectively, it could have been argued that the HSE only had a partial win by succeeding with only one store out of three. Unfortunately with the risk to our health and the cleanup cost we are all victims of this legacy and anyone who manage large construction, plant or FM projects will tell you that asbestos has a horrible habit of coming back and biting you when you think that you have got it under control. Your title that “At least M&S will take asbestos seriously now....” is wrong because the trial would not have lasted three months if they had not already taken it seriously six years ago. I am just annoyed that we have got to the end of a significant trial and nobody has given us an objective report on what was actually heard.
pete48  
#9 Posted : 05 October 2011 10:10:51(UTC)
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pete48

I think the point being made is that it is not helpful to suggest that M&S didn't take asbestos seriously before these incidents. This appears to be much more about the issues surrounding the control of contractors and the level of trust and/or reliance a client has to place with specialist contractors. I would expect that is the area that has been reviewed in M&S and not their asbestos controls which did exist but were "followed inappropriately" by the contractors. p48
pete48  
#10 Posted : 05 October 2011 10:20:27(UTC)
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pete48

Stedman, apologies. I was typing whilst you posted, no intention to respond to your latest post, p48
Chris99  
#11 Posted : 05 October 2011 10:22:10(UTC)
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Chris99

pete48 wrote:
I think the point being made is that it is not helpful to suggest that M&S didn't take asbestos seriously before these incidents. This appears to be much more about the issues surrounding the control of contractors and the level of trust and/or reliance a client has to place with specialist contractors. I would expect that is the area that has been reviewed in M&S and not their asbestos controls which did exist but were "followed inappropriately" by the contractors. p48
This is exactly what I take from it - just because you appoint competent contractors (and they were, according to paperwork etc., if not by performance) doesn't mean you can wash your hands of responsibility and let them get on with it. The other reason behind the fine IMO is that they put pressure on those contractors to work unduly quickly - the aim of the project became to 'protect the shopping experience of the customer' rather than protect their health. Anyone who's ever carried out asbestos consultancy or remediation in the retail sector (or transport!) will know the unreasonable demands placed upon you to get things done quickly and with no-one else knowing what's going on. So while M&S have taken asbestos seriously in the past, they need to readjust their priorities.....
johnmurray  
#12 Posted : 05 October 2011 13:53:20(UTC)
Rank: Super forum user
johnmurray

Possibly the title was misunderstood. I'll complete it to remove any further: "At least M&S will take asbestos seriously now, even if others do not" My personal opinion is that people handling/working-with the material need to be taken to see a person dying from mesothelioma.....it is not a short illness and it is not a painfree illness.
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