Fine for Shropshire NHS trust after workers exposed to asbestos

Workers at Shrewsbury and Telford Hospital NHS Trust (Sath) were removing fixtures and fittings from an empty flat at the Royal Shrewsbury Hospital when they disturbed asbestos-containing materials (ACMs), Telford Magistrates Court heard.

It happened in June 2012 but the trust, which runs RSH and Princess Royal Hospital in Telford, then failed to take adequate measures to deal with the initial release of asbestos, exposing other contractors who later worked in the flat.

The issue of suspected asbestos had been reported by a worker at the trust, who was sacked and later won an unfair dismissal claim.

An investigation by the Health and Safety Executive (HSE) found that the trust did not properly record ACM on its estate.

Sath had arrangements in place to manage asbestos, however, the overall management plan for dealing with asbestos was not recorded in a clear and concise manner or effectively communicated to its employees and contractors working on site, the HSE said.

The trust had insufficient auditing procedures to ensure that the arrangements contained in the policy and management plan were fully implemented, working properly and effective.

The procedures in place upon the discovery of asbestos were inadequate and Sath failed to prevent re-entry into the contaminated area by other workers.

The trust pleaded guilty to two breaches of the Control of Asbestos Regulations 2012.

It was fined £16,000 and ordered to pay costs of £18,385.80.

Whistleblower

Les Small, who was a project manager in the trust's estates department, had reported suspected asbestos in nursing accommodation at RSH and was worried that workmen could be exposed to the material, which has been linked with cancer.

He was sacked after blowing the whistle on what he saw as unsafe working practices.

Mr Small then won a tribunal ruling that he had been unfairly dismissed in 2012.

The 62-year-old, of Wellington, was at the court hearing on Wednesday.

He said: "I had been involved with this ever since they dismissed me.

"On one hand I never wanted to see the trust paying any fines. The money should go on nurses and doctors but I did feel that the magistrates didn't really appreciate the level of the offence.

"My worry is that lots of people went in and out. The trust has no idea how many people have been exposed."

Mr Small was awarded £55,000 in damages after winning the tribunal but said that the case had left him “unemployed and unemployable”.

He says he successfully challenged the judgement at the court of appeal and is now going back to a tribunal for the damages to be reassessed.

Investigation

Julia Clarke, director of corporate governance at Sath, said since this issue was raised seven years ago the trust has worked closely with the HSE.

She said: “The investigation we carried out into this matter at the time confirmed that, although policies were in place at the trust, they were not always being followed.

"There were a number of disciplinary hearings that took place as a result of the investigation.

“A number of actions were taken to put new systems and processes in place to ensure there is a now a much more robust approach to asbestos management across the trust.

“Magistrates recognised that nobody had come to harm as a result of this issue and that we had taken action to remedy the situation. They also recognised our outstanding co-operation throughout.”

Following the court hearing on Wednesday, HSE inspector David Kivlin said: “The trust should have controlled this potentially lethal risk by identifying the type, location and condition of any asbestos-containing-materials within the accommodation block at the Royal Shrewsbury Hospital, by implementing suitable precautions to prevent its disturbance.

“Although there is no indication that members of the public at the hospital were exposed as a result of the failings, asbestos related diseases are currently untreatable and claim the lives of an estimated 5,000 people per year in the UK.

“This prosecution should act as a reminder, not just to hospitals but to anyone in control of the repair and maintenance of non-domestic premises, of the need to ensure that correct control measures are put in place to ensure that exposure to asbestos is prevented, so far as is reasonably practicable.”