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22/04/2010

Tribunal Affirms HSENI Notices

The Health and Safety Executive for Northern Ireland (HSENI) has welcomed the recent decision of the Industrial Tribunals to fully affirm, without modification, two Prohibition Notices served by HSENI on 24 July 2009 to stop the spread of asbestos contamination.

The notices were served on Bridgeline Environmental Services Limited and Bridgeline Demolition Limited after Inspectors from HSENI visited the former Courtaulds site at Carrickfergus, which is undergoing redevelopment.

The Inspectors found the site to be contaminated with asbestos as the result of cutting up a large industrial boiler. To prevent further contamination and reduce the risk to those working on the site and to the general public they served notices to immediately stop the work. The companies subsequently appealed the service of the notices.

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Ken Logan, Head of HSENI’s Construction Division and responsible for licensed asbestos work, said: "I am very pleased that the Industrial Tribunal has reached this decision which entirely vindicates the actions of HSENI in serving these notices. HSENI is not in the business of putting obstacles in the way of companies that operate within the law but when it detects bad practice, which has the potential to put lives at risk, it will not hesitate to use its enforcement powers to intervene. Fortunately our timely intervention and affirmative action meant that we were able to stop work on cutting up the boiler at an early stage, preventing further asbestos contamination of the site and reducing the risk to the health of the workers involved."

He continued: "HSENI will fully consider the Tribunal comments regarding the lack of action by both parties following the serving of the notices. However, I must point out that responsibility for managing the risk of asbestos contamination rests with the site developers and the companies they engage. In the final analysis it is the responsibility of those who create asbestos contamination to clean it up."

(NS/CD)

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