Hurst Setter aims to provide commercially sound health and
safety advice, practical on-site assistance, and training
services to help clients to improve their overall health, safety
and environmental performance and business efficiency.
The company was established in 1992, we have an experienced team of professional staff throughout the UK with our Head Office in Appleby Magna, subsidiary offices in Yorkshire and Wiltshire, along with field staff working throughout the UK. In this way we can offer a national coverage to large national based clients. Our mission is to provide competent health, safety & environmental advice to our clients. We focus primarily on construction, project management and property management sectors.
At Hurst Setter we provide a range of services that covers the
entire spectrum of health and safety provision. Our services
include:
Site Audits & Site Inspections.
Retainer Service & Assistance with SSIP Accreditation, CHAS, SMAS etc.
Support with H&S Documentation, Risk Assessments, Policy & Procedure.
H&S Management Systems
Training Courses including CITB, First Aid, Mental Health, and InHouse Training Courses such as Manual Handling, Work at Height,
Asbestos Awareness, Abrasive Wheels and others available upon request.
Environmental Services, Advice & Support.
CDM 2015 Services, Advice & Support.
New HSE Campaign Emphasises Legal Duties to Manage Asbestos
Keep People Safe from Future Dangers of Asbestos, Regulator Warns
Buildings that people use in their daily lives, such as workplaces, schools and hospitals are the focus of a new campaign to keep people safe from asbestos.
Asbestos: Your Duty launching today, Monday 15 January, aims to improve understanding of what the legal duty to manage asbestos involves.
The Health and Safety Executive (HSE) wants anyone with responsibilities for buildings to do everything they must do to comply with the law and prevent exposure to this dangerous substance, which was widely used in post-war construction before it was completely banned in 1999.
Updated information, new templates (including an asbestos management plan template), and explanatory videos can be found on HSE’s website to help anyone who is unsure of their legal duties – or just need to refresh themselves – on what they need to do.
HSE will check how asbestos is managed when visiting a range of buildings – like schools and hospitals – requiring those responsible for managing asbestos risks to ensure they have the right arrangements in place.
Sarah Albon, HSE’s chief executive said: “To keep people safe from the harms of asbestos, a culture of safely managing asbestos is needed in our building industry and among those responsible for buildings."
“Asbestos exposure in Great Britain is still the single greatest cause of work-related deaths due to exposures decades ago."
“Together, we must protect people in the workplace and reduce future work-related ill health.”
Construction Firm Fined £90,000 After Exposing Public to Asbestos During Renovation Work
A Warrington-based construction company has been fined £90,000 after exposing people to asbestos during a renovation project in the Hanley area of Stoke-on-Trent.
Despite failing to attend Staffordshire Magistrates’ Court on 24 August 2023, Esskay Construction Ltd was found guilty in its absence.
Nathan Cook, prosecuting on behalf of the Health and Safety Executive (HSE) told the court how the regulator received a concern on 31 August 2021 about asbestos disturbance. The concern related to a refurbishment project under the control of the company at an address in Brunswick Street in Hanley.
Representatives from the local authority had attended the site and discovered significant amounts of asbestos-containing debris to the front and rear of the building and along the public highway.
An inspector from HSE then went to site and served two Prohibition Notices – prohibiting all work within, and access to, 12 Brunswick Street and the surrounding area, other than by a licensed asbestos removal contractor for the purpose of making safe. A licensed asbestos removal contractor was then appointed to carry out a clean-up operation.
However, further investigation by HSE found that Esskay Construction Ltd had failed to appoint a competent person to carry out a refurbishment and demolition asbestos survey of the premises prior to carrying out work on site. The company then allowed refurbishment to commence without knowing where the asbestos containing materials were, resulting in them being disturbed and potentially exposing workers and members of the public to harmful asbestos fibres.
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Esskay Construction Ltd of Mandarin Court, Warrington, Cheshire, failed to attend court but were found guilty in their absence, to breaching Regulations 5, 11 and 16 of the Control of Asbestos Regulations 2012. Esskay Construction Ltd were fined £90,000 and ordered to pay costs of £6,009 and a victim surcharge of £190.
Speaking after the hearing, HSE inspector Will Gretton said: “Asbestos is a class 1 carcinogen. Carelessness at this scale, met with a failure to attend court, is unacceptable.
“For that reason, any building constructed prior to the year 2000 must be assessed for the presence of asbestos prior to any disturbance work taking place, and any asbestos containing materials must be left undisturbed or be removed by a competent contractor under controlled conditions.
“By failing to take these simple steps, Esskay Construction Ltd put workers and members of the public at risk of being exposed to a substance known to cause fatal illnesses including mesothelioma, lung cancer and asbestosis.
“HSE will not hesitate to take action where contractors are found to be flouting the law and putting people at risk, and this case should serve as a reminder to those engaged in this type of work that they have responsibilities when it comes to managing the risks associated with asbestos.”
Why asbestos is dangerous for workers?
Exposure to asbestos is the greatest cause of work-related deaths in Great Britain. Around 5000 people die every year from asbestos-related diseases.
These diseases typically take decades to develop and cannot be cured.
Left alone and in good condition, the risk from asbestos is low. However, once it is disturbed, asbestos fibres can be released and you can breathe them in. This can cause lung disease and cancer, which could prove fatal.
You cannot see, smell or feel the fibres in the air or on your clothes, so you do not know asbestos is there
If you think you have found asbestos?
If you come across any material you think may contain asbestos, you should:
- Stop work.
- Speak to your employer, or the building owner, to find out if there is asbestos in the building.
Your employer should ask to see the building’s asbestos register or survey and check they have enough information to do the work. For example, if you are breaking into the building fabric a refurbishment survey may be required. Do not do any work until this has been completed.
Even if a survey has been done, it might not have found every location of asbestos. When you are starting work, be aware that asbestos could still be hidden.
You must also not start work if you have not had training to work with or around asbestos. There is some work that must be carried out by a licensed asbestos contractor.
If asbestos is disturbed
If asbestos is disturbed during your work it must be dealt with quickly and appropriately.
You must stop work immediately and follow the guidance on what to do if you discover or accidentally disturb asbestos:
Workers most likely to come across asbestos
There are some trades where you are more likely to come across asbestos in your work. You should be properly trained on what to do.
If you are working on the structure of a building, the activities that could put you at most risk include:
- Maintenance or repair.
- Refurbishment or retrofitting.
- Installation, for example of smart meters.
You are also more likely to be at risk if:
- The areas you are due to work in have not been inspected for asbestos-containing materials beforehand.
- Information about asbestos-containing materials was not passed on to you by the people in charge of the work.
- You have not had appropriate training to recognise and work safely with asbestos.
- The building you are working on was built or refurbished before the year 2000.
- You choose to put yourself at risk by not following proper precautions or training, perhaps to save time or because no one else is.
If you are a worker in an owner-occupied home, you and your employer must still take action to ensure that you and others are not exposed to asbestos.
https://www.hse.gov.uk/asbestos/introduction/training-for-work-involving-asbestos.htm
What your employer must do?
Your employer must take steps to protect you and others from the dangers of asbestos. If you are self-employed you are responsible.
If your work could disturb the fabric of a building, your employer must:
- Provide you with asbestos awareness training – this does not allow you to work on asbestos.
- Always establish if asbestos is likely to be disturbed during your work.
- Ensure you know what to do if you discover or disturb and release asbestos accidentally during your work.
Your employer must also make sure any work that disturbs asbestos is risk assessed, planned and completed by appropriately trained and competent workers.
Non-licensed asbestos work
If you need to carry out lower-risk work on asbestos, known as non-licensed work, your employer must:
- Carry out an asbestos risk assessment and plan the work.
- Put the right controls in place to protect you and others.
- Provide you with training for non-licensable work appropriate for the tasks you plan to carry out.
Examples of lower-risk, non-licensed work with asbestos:
Work that must be carried out by a licensed contractor
Higher-risk work with asbestos must be carried out by a contractor licensed by the Health and Safety Executive (HSE).
If you’re not a licensed contractor, your employer should not ask you to carry out this work.
You must therefore not carry out work on:
- Asbestos loose fill insulation.
- Asbestos sprayed coating, known as limpet.
- Pre-formed insulation, for example asbestos pipe lagging.
- Most repair or any removal of asbestos insulation, such as lagging on pipes and vessels for thermal insulation.
Most work on asbestos insulating boards, such as removal of partition walls,
- linings, and suspended ceilings.
- Large amounts of asbestos-containing debris or material, for example clearing up after a fire, flood or water leak.
If in doubt, assume the work is licensed and stop work until you are told otherwise. More information on licensable work with asbestos:
https://www.hse.gov.uk/asbestos/licensing/licensed-contractor.htm
Before you start work
It is important that you and your employer talk about and understand the actions needed to keep you and other people safe.
The actions your employer could take include:
- Checking if the building was built or refurbished before the year 2000.
- Getting a copy of the current building asbestos register and ensuring you both understand the information and are satisfied it covers the areas you are planning to work in.
- Planning the job, if possible, to avoid disturbing asbestos.
Your employer can also check if an appropriate survey has been done to find the location and condition of any asbestos in the area where you are working. This should include any asbestos hidden within the building fabric.
Before you start work, they must make sure any asbestos is safely removed or easily repaired and protected, for example by enclosing the asbestos with panelling. This will usually require a specialist contractor licensed by HSE.
More information on what your employer should do for any work with asbestos:
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What you must do as a worker As a worker there are things you must do to protect yourself and others.
If you know you are going to be carrying out non-licensed work on asbestos, and are trained to do so, you should:
More information on personal protective equipment you need when working with asbestos:
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You must never:
- Use power tools without dust control measures in place, such as shadow vacuuming and using drill cowls as local extraction.
- Sweep dust and debris. Always use a Type H vacuum cleaner or wet rags.
- Reuse disposable clothing or RPE.
- Eat or drink in the work area.
HSE asbestos essentials task sheets provide guidance on a wide range of non-licensed work activities where asbestos is commonly found:
https://www.hse.gov.uk/asbestos/essentials/index.htm
Your duties if you are self-employed
Under the Control of Asbestos Regulations, as a self-employed person, you will have the same responsibilities as an employer and a worker.
Contact us today for expert advice & services
No matter whether you are a major housebuilder or an independent builder, achieving specific health and safety goals is incredibly straightforward with Hurst Setter. If you require further support, our professional team of health and safety specialists is eager to help.
