HSE WM/128/08 15 May 2008

HSE warns failure to meet responsibilities when dealing with asbestos will be penalised

The Health and Safety Executive (HSE) reminds the building trade that failure to carry out checks and surveys for asbestos in property refurbishments is unacceptable.

This warning follows the successful prosecution by HSE of a building surveyor who failed to meet his legal duties and carry out an asbestos survey during a refurbishment at 92-95 Livery Street, Birmingham.

Raymond Joseph Boyle of Bray, County Wicklow, Ireland, was convicted of a breach of The Control of Asbestos Regulations 2006 by undertaking demolition work that exposed people to asbestos. He was fined £4,000 in total and ordered to pay costs of £4016 at Birmingham Magistrates Court.

Speaking after the case, HSE inspector Karl Raw said:
"This successful prosecution is a timely reminder that even with simple refurbishments there are legal duties needed to protect workers and others from the threat of asbestos. As a building surveyor with many years experience Mr Boyle should have been aware of his duty to manage the asbestos risk in a non-domestic property."

Notes to editors

1. The prosecution was brought under The Control of Asbestos Regulations 2006 which states:
   "In order to enable him to manage the risk from asbestos in non-domestic premises, the dutyholder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises."

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