HC Deb 05 April 1976 vol 909 cc16-26W
Mrs. Bain

asked the Secretary of State for Employment if he will list in the Official Report the names of firms and employers who have been prosecuted since the 1969 Asbestos Regulations came into effect, and what the penalty was in each case.

Mr. Harold Walker

The Chairman of the Health and Safety Commission informs me that the names of firms and employers who have been prosecuted since the 1969 Asbestos Regulations came into effect, and the outcome of those prosecutions, are as follows:

PROSECUTIONS UNDER ASBESTOS REGULATIONS 1969 (1971 AND 1972)
Date of Hearing Name of Defendant Number of Regulations Number of Informations Result Penalty
10th November 1971 TAC Construction Materials Ltd. Reg. 7(1) 1 Conviction 25.00
13th January 1972 Stein Atkinson Ltd. Reg. 9 2 Convictions 30.00
Reg. 15 1 Conviction 15.00
9th February 1972 Fabcol Ltd. Reg. 7(1) 2 Convictions 60.00
1st March 1972 Dudley Coles Ltd. Reg. 6(2) 1 Conviction 50.00
Reg. 8(1) 4 Convictions 240.00
Reg. 10 1 Conviction 60.00
14th March 1972 Thomas W. Ward Reg. 6(2) 1 Conviction 30.00
Reg. 8(1) 4 Convictions 600.00
Reg. 15 1 Conviction 150.00
27th March 1972 Wondertex Ltd Reg. 7 1 Conviction 100.00
4th May 1972 Wild Barfield Ltd. Reg. 7(1) 1 Conviction 50.00
6th June 1972 Laminated Plastic Products Ltd. Reg. 7(1) 1 Conviction 25.00
21st July 1972 Armstrong Cork Co. Ltd. Reg. 7 4 Convictions 200.00
Reg. 9 2 Convictions 100.00
Reg. 10 1 Conviction 50.00
21st April 1972 J. S. Webb (Smithwick) Ltd. Reg. 7 1 Withdrawn
Reg. 10 1 Withdrawn
24th July 1972 Thomas Charles Doleman Reg. 7 1 Conviction 75.00
10th August 1972 S.B.D. Consto Products Ltd. Reg. 7 1 Conviction 50.00
24th October 1972 A.P.V. Kestner Ltd. Reg. 7 2 Convictions 100.00
12th July 1972 Maritime Ltd. Reg. 7 2 Convictions 60.00
30th September 1972 British Rail Engineering Ltd Reg. 7 1 Withdrawn
Reg. 8 1 Conviction 50.00
Reg. 9 1 Conviction 25.00
23rd November 1972 Air Containers (Research Department) Ltd. Reg. 15 1 Conviction 50.00
14th December 1972 Lanarkshire Steeplejacks Co. Ltd. Reg. 9 3 2 Convictions, 1 Withdrawn 90.00
Reg. 18 1 Conviction 25.00
PROSECURIONS UNDER ASBESTOS REGULATIONS 1969 (1973)
Date of Hearing Name of Defendant Number of Regulations Number of Informations Result Penalty
14th February 1973 Peter Heatley and Co. Ltd. Reg. 9 1 Conviction 100.00
22nd February 1973 British Leyland (U.K.) Ltd. (Austin-Morris Group) Reg. 9 1 Conviction 225.00
22nd February 1973 Carrier Engineering Co. Ltd. Reg. 10 1 Conviction 225.00
Reg. 11 1 Withdrawn
Reg. 20 1 Conviction 225.00
7th March 1973 Bearward Ltd. Reg. 9 1 Conviction 225.00
2nd April 1973 Darlington Insulation Co. Ltd. Reg. 6 1 Conviction 100.00
Reg. 8 1 Conviction 100.00
Reg. 9 2 Convictions 100.00
Reg. 17 1 Conviction 100.00
6th June 1973 Sir A. McAlpine & Sons Ltd. Reg. 6 1 Absolute Discharge
Reg. 8 2 Absolute Discharge
18th June 1973 Burmah Oil TRD Ltd. Reg. 7 1 Conviction 200.00
3rd July 1973 British Rail Engineering Ltd. Reg. 6 1 Conviction 25.00
26th September 1973 T. Bailey Roofing Ltd. Reg. 8 3 Convictions 225.00

PROSECUTIONS UNDER ASBESTOS REGULATIONS 1969 (1974)
Date of Hearing Name of Defendant Number of Regulations Number of Informations Result Penalty
31st January 1974 South East Engineering (Romford) Ltd. Reg. 6 1 Conviction 10.00
Reg.8 1 Conviction 50.00
Reg. 17 1 Conviction 10.00
4th March 1974 Dennis Timothy Lowther Reg. 6 1 Withdrawn
Reg. 8 2 Convictions 100.00
Reg. 9 1 Conviction 50.00
Reg. 15 1 Conviction 50.00
Reg. 16 1 Withdrawn
4th March 1974 Demolition Co. Partnership Ltd Reg. 6 1 Conviction 100.00
Reg. 8 2 Convictions 200.00
Reg. 9 1 Withdrawn
Reg. 15 1 Withdrawn
Reg. 16 1 Conviction 100.00
19th February 1974 K. W. McGill Co. Ltd. Reg. 9 1 Conviction 200.00
5th April 1974 Dismantling Contracts Co. Ltd. Reg. 9 1 Absolute Discharge
Reg. 15 1 Conviction 50.00
9th April 1974 Delta Fabrications Ltd. Reg. 7(3) 1 Withdrawn
Reg. 7(4) 1 Conviction 25.00
Reg. 9 1 Conviction 25.00
27th April 1974 B.D.P. Group Reg. 9 1 Conviction 20.00
Reg15 1 Conviction 20.00
29th April 1974 St. Mary's (Contractor) Ltd. Reg. 6 1 Conviction 25.00
Reg. 8 2 Convictions 300.00
10th September 1974 W. H. Arnott Young & Co. Ltd. Reg. 6 1 Conviction 30.00
Reg. 8 2 Convictions 200.00
23rd October 1974 Goodman Price Ltd. Reg. 6 1 Conviction 50.00
Reg. 8 2 Convictions 10.00
Reg. 9 1 Conviction 50.0
Reg. 15 1 Conviction 50.0
Reg. 16 1 Conviction 50.0
6th November 1974 Smiths Industries Ltd Reg. 8 2 Convictions 100.00
Reg. 9 1 Conviction 50.00
Reg. 20 1 Conviction 50.00
13th November 1974 Fabcol Ltd. Reg. 7(3) 1 Withdrawn
Reg. 7(4) 1 Conviction 10·00
2nd December 1974 John Barber Shopfitters and Building Contractor Reg. 6 1 Conviction 40.00
Reg. 8 2 Convictions 100.00
20th November 1974 Birds (Commercial Motors) Ltd. Reg. 6 1 Conviction 30.00

PROSECUTIONS UNDER ASBESTOS REGULATIONS 1969 (1975)
Date of Hearing Name of Defendant Number of Regulations Number of Informations Result Penalty
29th January 1975 Samuel Mcllwraith Reg. 6 1 Conviction 20.00
Reg. 8 1 Conviction 40.00
Reg. 9 1 Conviction 30.00
13th May 1975 Commando Cleaning Co. Ltd. Reg. 9 3 Convictions 750.00
Reg. 10 1 Conviction 250.00
16th June 1976 Durasteel Ltd. Reg. 9 1 Conviction 25.00
Reg. 13 1 Conviction 100.00
7th October 1975 W. G. Spittle Ltd. Reg. 8 2 Convictions 100.00
Reg. 15 1 Conviction 50.00
Reg. 20 1 Conviction 50.00
31st October 1975 Yarrow Shipbuilders Ltd. Reg. 8 1 Conviction 60.00
Reg. 15 1 Conviction 20.00
2nd December 1975 Frost Asbestos Removal Ltd. Reg. 8 1 Conviction 25.00
Reg. 18 1 Conviction 25.00
5th December 1975 Perfect Air Ltd. Reg. 8 2 Cases withdrawn following a plea of guilty by another contractor.
Reg. 9 1
Reg. 15 1
Reg. 20 1
5th December 1975 Perfect Heat Engineering Co. Ltd. Reg. 8 2
Reg. 9 1
Reg. 15 1
Reg. 20 1
5th December 1975 Peter Golding, Wedingos MW. Installations. Reg. 8 1 Conviction 30.00
Reg. 9 1 Conviction 30.00
Reg. 15 1 Conviction 30.00
Reg. 20 1 Conviction 30.00
18th December 1975 Granville Tin Plate & Co. Ltd. Reg. 9 1 Conviction 100.00

Mr. Cryer

asked the Secretary of State for Employment if he will introduce legislation to ensure that workers handling asbestos, and related insulation materials are provided with protective clothing which is cleaned on the site to ensure that no dust is taken to employees' homes.

Mr. Harold Walker

I am informed by the Chairman of the Health and Safety Commission that the Asbestos Regulations 1969 require employers to provide protective clothing for all workpeople exposed to asbestos dust, to ensure that it is kept in the accommodation which must be provided for its storage when not in use, and to ensure that such clothing is cleaned either at the factory or packed in suitably marked containers before dispatch from the factory for cleaning. The Health and Safety at Work etc. Act 1974 imposes on employees the obligation to co-operate with their employers in carrying out these requirements, so that there should now be no question of workers taking home overalls or other clothing contaminated with asbestos dust.

A leaflet " Asbestos and You ", of which 150,000 copies have been distributed by the Employment Medical Advisory Service to asbestos workers, contains a warning that protective clothing should not be taken home.

Mr. Cryer

asked the Secretary of State for Employment if he will introduce legislation to entitle employees to refuse to handle materials which are not clearly marked as being asbestos free either under a code of practice such as the CEGB Regional Engineering Memorandum No. F9 of February 1971 or under a procedure to be agreed between employees and trades unions.

Mr. Harold Walker

I am informed by the Chairman of the Health and Safety Commission that a labelling scheme will soon be introduced by industry for asbestos products. The question of additional precautions for materials containing asbestos is one which the new committee, the setting up of which was announced in the House on 30th March, will be considering.

Mr. Cryer

asked the Secretary of State for Employment if he will ensure that the current survey on the effects of asbestos includes examination of the incidence of asbestosis amongst dependants of those working with asbestos so that the result of taking home dust laden overalls and clothing is taken into account.

Mr. Harold Walker

I am informed by the Chairman of the Health and Safety Commission that the Asbestos Regulations 1969 require employers to provide protective clothing for all workers exposed to asbestos dust, suitable accommodation for its storage when not in use, and to ensure that such clothing is cleaned either at the factory or packed in suitably marked containers before despatch from the factory for cleaning. The Health and Safety at Work etc Act 1974 imposes on employees the obligation to co-operate with their employers in carrying out these requirements, so that there should now be no question of workers taking home overalls or other clothing contaminated with asbestos dust. It is, however, open to the new committee on health risks from asbestos to consider whether there should be any special surveillance of the health of asbestos workers' families.

Mr. Cryer

asked the Secretary of State for Employment if he will ensure that the activities of Cape Asbestos are fully investigated by the Committee of Inquiry into the asbestosis arising at Acre Mill, Hebden Bridge, and, in particular, into the company CDN Ltd. and its wide-ranging insulation activities and its deliberate policy of refusing to supply protective clothing to insulation workers.

Mr. Harold Walker

The circumstances at Acre Mill, Hebden Bridge, were investigated by the Parliamentary Commissioner for Administration and the new committee will not be duplicating his enquiries. It will not be the function of this committee to investigate the behaviour of individual firms.

Enforcement of the relevant legislation is a matter for the Health and Safety Executive.

I am informed by the Chairman of the Health and Safety Commission that the Asbestos Regulations, 1969, require employers to provide protective clothing for all workpeople exposed to asbestos dust.