The Shrewsbury and Telford Hospital NHS Trust has been fined after refurbishment work at the Royal Shrewsbury Hospital exposed workers to asbestos.
The breach
The breach happened in June 2012 in an accommodation block when Trust employees were removing fixtures and fittings from an empty flat. As they did this, they disturbed asbestos containing materials.
The case was recently heard at Telford Magistrates’ Court and it was found that the Trust had failed to take adequate steps to deal with the initial release of asbestos. Due to this, contractors who later worked on the flat were also exposed to asbestos.
The failings
The Trust failed to properly record the existence of the asbestos containing materials and, although there were plans in place to manage the asbestos, these were not recorded or communicated sufficiently to Trust employees or contractors.
The verdict
The Trust pleaded guilty to two breaches of the Control of Asbestos Regulations 2012. They were fined £16,000 and ordered to pay costs of over £18,000.
Speaking after the hearing, HSE inspector, David Kivlin said; “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.”
The risk
Asbestos is dangerous when it is in a poor state of repair or when it is disturbed and the asbestos fibres can be release into the air. Anyone who is exposed to asbestos dust and fibres, even a small amount, is at risk of developing the asbestos-related cancer, mesothelioma. However, this cancer is rare and many people who worked with asbestos day in, day out for years, do not go on to develop mesothelioma.
Those exposed to asbestos in the breach at the Royal Shrewsbury Hospital now face a wait of between 10 and 50 years to see if they will be affected by their exposure to asbestos. We obviously hope that they won’t be affected but would advise them to take some steps now in case they do develop an asbestos-related condition in the future.
Get details of the insurers
If they do need to make an asbestos claim in the future they will need to get details of the insurers of the Trust now and keep these details safe. This will give them someone to bring the claim against in the future.
Document the exposure
Although the exposure will have been documented by the HSE and the Court, we don’t know what will still exist in 50 years’ time. It is advisable to make a record of the exposure, who was involved and any witnesses who can confirm these details.
See your GP
Once you have been exposed to asbestos there is, unfortunately, nothing you can do to prevent developing an asbestos-related condition. However, we recommend you see your GP and get it noted in your medical records that you have been exposed to asbestos. This ensures that if you develop any symptoms that could be caused by asbestos, your doctor is aware that you have had exposure and can carry out the necessary investigations.
Try not to worry
Although being exposed to asbestos puts you at risk of developing an asbestos-related condition, these conditions are rare. Not everyone who is exposed to asbestos goes on to develop a condition.
If you require assistance in pursuing an asbestos compensation claim for mesothelioma or other asbestos disease then please contact us today on our freephone number 0800 038 6767. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.