Food Company breach Health and Safety

Food Company and Contractor Breach HSE Laws

It was reported by the Health and Safety Executive (HSE) on 6 January 2016 that an HSE investigation found that a London food company, Mizkan Euro Ltd, had asbestos insulation board in its wall in breach of the law.

Mizkan Euro Ltd and its contractor were fined for failing to discover for asbestos during building work. A Health and Safety Executive (HSE) investigation found neither company had carried out an asbestos survey.

Mizkan Euro Ltd had to demolish an external wall at its factory to remove tanks. During the demolition asbestos insulation board at the top of the wall was unknowingly broken up. It was only when an asbestos removal contractor attended the site that the asbestos was identified. No licensed asbestos removal contractor was present during the demolition and/or appointed to remove the material under controlled conditions.

On investigation the HSE found that:

Mizkan Euro Ltd had failed to provide an asbestos survey which would have enabled the contractor D H Welton & Co Ltd to plan and identify the risks associated with the performance of this work.

D H Welton & Co Ltd could also have ensured that a survey was conducted when they found Mizkan Euro Ltd only had access to a management survey for the building.

Mizkan Euro Ltd pleaded guilty to beaching the Health and Safety at Work etc Act 1974, ss 2(1), 3(1) and was fined a total of £120,000 and ordered to pay costs of £13,589.

D H Welton & Co Ltd admitted breaching the Health and Safety at Work etc Act 1974, ss 2(1), 3(1) and the Control of Asbestos Regulations 2012, SI 2012/632, reg 5(1)(a) and was fined a total of £45,000 and costs of £4,529.

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© RT COOPERS, 2016. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.