Fines for asbestos failures on site

Date:

11 March 2011

Release No:

HSE/EM/163/11

The director of an asbestos surveying firm has been sentenced after failing to manage the spread of asbestos at a demolition site in Leicester.

Shay James, a director of Redditch-based Amencon Ltd, which has since ceased trading, was appointed by Bovis Homes to carry out an asbestos survey of a factory unit in the city's Humberstone Lane - earmarked to become a new housing development.

In July and August 2008, Mr James carried out the survey with an employee but failed to identify 1,252 sq m of asbestos insulation board (AIB) and lagging.

As a result, part of the building containing AIB and lagging was demolished without putting proper asbestos management processes in place.

Fortunately, the company employed to carry out the demolition noticed suspicious material that was identified as asbestos during the process, and work was stopped immediately.

Shay James of Albert Street, Redditch pleaded guilty to breaching Secton 36 (1) of the Health and Safety at Work etc Act 1974 at Leicester Magistrates' Court. He was fined £5,000 and ordered to pay costs of £2,348.

HSE inspector Stephen Farthing said:

"Although Mr James is a trained asbestos surveyor, a very poor survey was carried out which missed large quantities of AIB and lagging.

"This resulted from his failure to ensure they had adequate lighting or access equipment to conduct the survey. As a consequence, a building was demolished that contained asbestos and contractors were put at risk from exposure which is completely unacceptable.

"The dangers of asbestos are well known and contractors should be aware that HSE will not hesitate to take enforcement action against any firm that ignores the law in this way."

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. Section 36 (1) of the Health and Safety at Work etc Act 1974 states: "Where the commission by any person of an offence under any of the relevant statutory provisions is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person."
3. Information about managing and working with asbestos is available on the HSE website at www.hse.gov.uk/asbestos

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