Prosecutions over asbestos exposure

Date:

8 August 2011

Release No:

HSE-e-36-11

A Norfolk company and a contractor from Manchester have been fined after failing to manage asbestos removal work at a renovation site in Great Yarmouth.

Mohammed Zahid was employed in May 2009 by Azam Bros Ltd of Hunstanton to clear damage caused by a fire at two commercial units they owned in Regent Street, Great Yarmouth.

Complaints were received by Great Yarmouth Borough Council that a skip outside the premises had no cover to prevent dust contaminating surrounding work units or being exposed to the general public.

The council issued a Prohibition Notice to stop work and asbestos was later found to be present. The Health and Safety Executive (HSE) and local authority launched a joint investigation which resulted in prosecution.

HSE inspectors told Norwich Magistrates' Court that Mr Zahid failed to order an asbestos survey, as required by law, before starting renovation work, was not trained in asbestos removal and did not possess the required licence.

Mohammed Zahid, 33, from Wilbraham Road in Manchester, was fined a total of £1,000 after being found guilty of breaching regulations 4, 5, 8(2) and 10 of the Control of Asbestos Regulations 2006 and ordered to pay costs of £500.

Azam Bros Ltd admitted breaching Regulation 4 of the Control of Asbestos Regulations 2006 and was fined £2,500 and ordered to pay costs of £2,500.

After the hearing, HSE Inspector Peter Nickerson said:

"Before anyone undertakes any construction work they must consider whether asbestos may be present and take the precautionary steps such as carrying out an asbestos survey.

"Most work with asbestos requires a licensed contractor to remove it safely and responsibly. Azam Bros Ltd did not think about the risks they may have exposed the public to by employing Mr Zahid and trying to cut corners."

"Azam Bros Ltd obtained three estimates to renovate the units before employing Mr Zahid. One of the quotes highlighted what work may be needed if asbestos was identified but this did not prompt the company to take any action."

Asbestos-related diseases are responsible for around 4,000 deaths a year. Working on or near damaged asbestos-containing materials or breathing in high levels of asbestos fibres, which may be many hundreds of times that of environmental levels, could increase your chances of getting an asbestos-related disease.

Notes to editors

1. The Health and Safety Executive is Britain's national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice; promoting training; new or revised regulations and codes of practice; and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk
2. The four charges were under the Control of Asbestos Regulations 2006.These can be found at:  http://www.legislation.gov.uk/uksi/2006/2739/contents/made. In summary these are:
   • Reg 4 - Whoever has control of a building has a duty to manage the asbestos in their buildings.
   • Reg 5 - An employer shall not undertake work in demolition, maintenance, or any other work which exposes or is liable to expose his employees to asbestos in respect of any premises.
   • Reg 8(2) - undertaking work with asbestos without a licence
   • Reg 10(1) - failing to give information, instruction and training to employees liable to be exposed to asbestos.

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