Accident Claims & Personal Injury Lawyers Scotland Blog

The Supreme Court has given its decision in the appeal by insurance companies over their obligations under various contracts of employers’ liability (“EL”) insurance. In particular, the appeals concern the scope of the insurers’ obligations to indemnify employers against their liabilities towards employees who have contracted mesothelioma following exposure to asbestos.

A demolition firm has been sentenced after knocking down a building in the Lake District containing hundreds of asbestos ceiling tiles, putting the lives of workers and local residents at risk.

IBT Contracting Ltd was prosecuted by the Health and Safety Executive (HSE) after carrying out the work at a former photography factory, despite not having a licence to remove asbestos.

Kendal Magistrates' Court heard IBT had been given a survey by the owners of the site ahead of the work taking place, which stated that the building contained 166 square metres of asbestos ceiling tiles.

But the company failed to arrange for a licensed contractor to remove the tiles safely, and instead released deadly asbestos fibres into the air during the building's demolition.

IBT Contracting pleaded guilty to three breaches of the Control of Asbestos Regulations 2006, for removing asbestos without a licence, exposing workers to asbestos fibres, and allowing the fibres to spread to neighbouring areas.

The company was fined £10,800 and ordered to pay £3,638.95 in prosecution costs. 

Asbestos was used in ceiling tiles up until the 1980s to help insulate buildings. The tiles only become dangerous if they are broken up and asbestos fibres are released into the air.

Fibres that are breathed in can become lodged in the lungs or digestive tract, and may lead to lung cancer or other diseases if large numbers of fibres are inhaled. However, symptoms may not appear for several decades.

Around 4,000 people die every year as a result of breathing in asbestos fibres, making it the biggest single cause of work-related deaths in the UK.

An Ammanford-based knitwear company and a cladding firm site foreman have been fined for putting workers and visitors at risk of exposure to asbestos.

Corgi Hosiery Ltd contracted Dragon Cladding Ltd to remove an asbestos cement sheet roof at their New Road branch in Ammanford, Carmarthenshire

Having received a complaint about the work, the Health and Safety Executive (HSE) visited the site and found roofers had removed the asbestos sheets from the roof, but they had also removed plaster-like material from the underside of the sheets and structural steelwork.

HSE inspectors stopped the work immediately and tests confirmed the plaster-like material contained asbestos.

On further investigation it was found that Dragon Cladding Ltd's site foreman had instructed two workers to use a hammer and chisel to remove the plaster-like material from the building steelwork.

Merthyr Tydfil Crown Court heard no effort was made to establish what this material was prior to work commencing, and the debris was swept into domestic black bin bags and placed in open skips.

Throughout the duration of the work, Corgi Hosiery employees had continuous access to the main building, with one worker based in the area throughout the works. Visitors to the premises were not excluded from the works area and were also potentially exposed to asbestos.

HSE inspector Anne Marie Orrells said:

"Nowadays, the risks of exposure to asbestos are well known so this serious incident was inexcusable.

"Had Mr Phillips adequately assessed the risks prior to the start of the work, it would have been apparent that the work should have been carried out by an asbestos-licensed contractor, under controlled conditions.

"Corgi Hosiery Limited should have ensured measures were taken to exclude employees and visitors from the area while the roof work was being carried out overhead. As a result of these failings both workers and visitors to their premises were exposed to potentially deadly asbestos-containing materials."

When asbestos fibres are inhaled they can cause serious diseases which are responsible for around 4,000 deaths a year.

The High Court has awarded a former miner around £70,000 in compensation after he developed mesotheliomia caused by exposure to asbestos at work, reports the BBC.

The 92-year-old had worked as a miner in Nottinghamshire for over 20 years, and the Department of Energy and Climate Change has admitted that he was exposed to asbestos during his time there.

As a result of his illness, Dennis Ball had to move out of his home last year, and now lives in a nursing home.

According to the BBC, Mr Ball's lawyer said that the court decision "paves the way for further elderly sufferers to receive settlements which reflect the pain and distress the disease causes, regardless of their age."

A building contractor has been sentenced after its workers were exposed to potentially deadly asbestos fibres during refurbishment work at premises in Wales.