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Newspaper fined over asbestos scare

The Lynn News has been fined almost £7,000 for exposing its staff to asbestos while air conditioning work was carried out at its King’s Lynn offices.

The paper’s parent company Anglia Newspapers pleaded guilty to three charges under health and safety at work regulations in a prosecution brought by the local council.

King’s Lynn magistrates were told how staff complained of itching when work had been carried out a year ago.

The bench also heard that publishing director David Dixon did not realise the significance of a letter he had, stating the building contained Asbestolux – which the staff later discovered from their own research was 15 to 40 per cent asbestos.

He showed editorial staff the letter after they complained about itching and it was only when they looked up ‘Asbestolux’ on the Internet that they realized the potential problem they were dealing with.

The company was fined £3,000 for failing to ensure the safety of its employees under the Health & Safety Act 1974 and a further £3,000 for failing to ensure the safety of employees from contractor EOC Services under the same regulations.

It was also fined another £800 for a breach of the Control of Asbestos at Work Regulations 1987 and ordered to pay a total of £1,268 costs.

The maximum statutory fine for the offences was £45,000. The magistrates sentenced the company taking into account mitigation for an early plea of guilty.

Air conditioning firm EOC, which carried out the work at the paper’s Purfleet Street offices, was found not guilty of failing to ensure the safety of its employees and those of the Lynn News. But it did admit a breach of the Control of Asbestos at Work Regulations and was fined £600 with £400 costs.

Two key features of the case were EOC’s lack of training for its workmen in identifying asbestos compounds and Mr Dixon finding out about the asbestolux but failing to interpret what it meant in the office.

The solicitor defending EOC told the court Mr Dixon should have made EOC aware of the Asbestolux but Michael Taylor, mitigating for Anglia Newspapers, said: “Mr Dixon feels very badly let down by the company. They were experts, they knew the building, they were contracted and should have done surveys, and having done so would have identified asbestos. If they had done their job properly, this would not have happened.”

He told the court the letter mentioning asbestolux said no more than that – there was no warning or guidance. Mr Dixon’s own analysis was that asbestolux was an asbestos replacement product and safe but he accepted with hindsight that he should have made further inquiries.

When alerted to the problem, Mr Dixon had remembered the letter and pulled it out. He had not tried to hide it and showed it immediately to his colleagues.

  • The Lynn News is a twice-weekly newspaper, published on Tuesdays and Fridays.

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