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E113:05 26 August 2005
Sales agent fined for producing
false asbestos packaging certificate
Sarah Jean Earney was fined £2,500 with costs
of £1,432.45 at Southampton Magistrates Court on Wednesday 24 August,
following a prosecution by the Health and Safety Executive (HSE). She admitted
producing a false "certificate of packaging performance" for plastic bags
used to carry asbestos waste, contrary to Section 33 (1) (m) of the Health
and Safety at Work etc Act 1974 (HSW Act).
Asbestos waste is "dangerous for carriage" and has to be packed for transport
in packaging that is tested to internationally agreed standards and certified
and marked accordingly.
Mrs Earney, a self-employed sales agent paid on commission only, was selling
plastic bags on behalf of Regal Polythene Ltd, which also faces charges relating
to the matter. After noticing that Mrs Earney was selling the bags at unusually
low prices, a trade competitor obtained samples and realised they were not
properly tested and marked. When he asked for sight of the supporting certificate,
Mrs Earney made a false one in the name of Regal Polythene Ltd by using a
photocopy of a real certificate that she had obtained from her former employer
as a template. By scanning this into her computer she was able to alter the
name and other details to make it appear like a genuine certificate. The
deception came to light as the certificate bore the number of a third company
which had no connection with the bags being offered for sale.
HSE Inspector Clive Dennis, who investigated the incident, said: “HSE and
the Department for Transport emphasise that the regime for testing and certifying
packaging is crucial to the safe transport of dangerous goods and that there
must be confidence in the integrity of the UK's certification procedures.
HSE will always prosecute if we find that false packaging certificates are
being produced.”
Notes to Editors
Section 33 (1)(m) of the HSW Act states:
It is an offence for a person to, with intent to deceive, to use a document
issued or authorised to be issued under any of the relevant statutory provisions
or required for any purpose thereunder, or to make or have in his possession
a document so closely resembling any such document as to be calculated to
deceive.
The maximum penalty a Magistrates’ Court may impose for a breach of the HSW
Act is £20,000.
At least 3500 people in Great Britain die each year from mesothelioma and
asbestos related lung cancer as a result of past exposure to asbestos. Information
on the hazards and effects of asbestos is available on the HSE website at
www.hse.gov.uk/asbestos/index.htm
Public Enquiries: HSE InfoLine, tel: 0845 345 0055, visit: www.hse.gov.uk/contact
or write to: HSE InfoLine, Caerphilly Business Park, Caerphilly CF83 3GG.
Press Enquiries: Journalists only: Karen Eldridge 020 7717 6219
Out of hours 020 7928 8382
