Companies in Bristol and Manchester have been prosecuted for failing to follow safe working working practices on the removal of asbestos from buildings.
A Bristol-based construction company was sentenced for carrying out unlicensed asbestos work. Bristol Magistrates’ Court heard how, during July 2017, a project was undertaken to refurbish The Cherry Tree pub at Oldland Common, Bristol, into eight flats. T.W. Parker (Building & Groundworks) Ltd was commissioned to conduct the works. A survey of the site on 13 July found waste materials, including asbestos insulation board, were left lying outside the building. Asbestos containing materials, which would require a licence to remove them, were also found to be present among the debris and in the building structure. An investigation by the Health and Safety Executive (HSE) found the removal work was initiated under the control of T.W. Parker (Building & Groundworks) Ltd and was done prior to the refurbishment survey. Mr Parker had been advised that a refurbishment survey was to be undertaken before works commenced. He failed to request information from the client with regards to the potential presence of asbestos containing materials, despite some material being marked as containing asbestos, and failed to use a licensed contractor to undertake the removal works.
T.W. Parker (Building & Groundworks) Ltd of Hicks Common Road, Winterbourne pleaded guilty to breaching Section 5, 8(1) and 16 of the Control of Asbestos Regulations 2012. The company was fined £7,000 and ordered to pay costs of £1,264.60. In an unrelated case, a Manchester-based businessman was prosecuted after failing to check whether asbestos was present in a building before starting major refurbishment works. Manchester Magistrates’ Court heard how Mr Whaid Ahmed did not survey his property at 1-3 Stephenson Square, Manchester for asbestos before carrying out renovations to the building between 1 April 2012 and 12 October 2017. Following a routine inspection from a Health and Safety Executive (HSE) inspector, a survey was subsequently carried out. Large amounts of asbestos, some of which was in very poor condition, was discovered on the premises, indicating that asbestos could have previously been removed without any controls in place from areas of the building already renovated.
The HSE investigation found Mr Ahmed failed to identify the risks involved, and put appropriate measures in place to prevent exposure to asbestos. Mr Ahmed has had previous enforcement action from HSE over a similar issue so was aware of his duties under the law. Mr Whaid Ahmed of Hale Barns, Altrincham pleaded guilty to breaching Regulations 5(a), 11(1)(a) and 16 of the Control of Asbestos Regulations 2012. Mr Ahmed was given a six months prison sentence, suspended for two years, sentenced to 250 community service hours and ordered to pay costs of £5,742.14.
By Patrick Mooney, editor