Contractors exposed to asbestos at former nightclub site

Date:

5 April 2011

A property developer put his workers at risk by failing to identify the presence of asbestos before allowing them to start work on a nightclub in Wrexham.

Michael Murton, 36, of Bewdley, near Kidderminster, instructed contractors to remove sprayed coating containing amosite (brown asbestos) from steel beams while refurbishing the nightclub. The workers were exposed to the deadly substance between 11 and 24 February 2010 at 33-35 Brook Street, Wrexham.

A Health and Safety Executive (HSE) investigation found Mr Murton had failed to survey the property before the work started. This led to the unlicensed and uncontrolled removal of the asbestos-containing material and its subsequent spread in and around the building.

Michael Murton, of Bewdley, near Kidderminster previously pleaded guilty to breaching Regulations 5, 8(1), 11(1)(a) and 16 of the Control of Asbestos Regulations 2006 at Mold Magistrates Court.

He also pleaded guilty to an offence contrary to Regulation 19 of the Hazardous Waste Regulations 2005, two duty of care offences contrary to Section 34 of the Environmental Protection Act 1990. He also pleaded guilty to a charge of treating and disposing of asbestos in a manner likely to cause harm to human health or pollution of the environment contrary to Section 33 (1)(c) Environmental Protection Act 1990. These charges were brought by the Environment Agency Wales.

At Mold Crown Court today, Murton was given a suspended sentence of eight months for breaching the Control of Asbestos Regulations. He was also given a 12 month suspended sentence for breaching Section 33 (1)(c) of the Environmental Protection Act 1990, and eight months suspended sentence for the offence contrary to Regulation 19 of the Hazardous Waste Regulations 2005.

Mr Murton was also ordered to carry out 200 hours of community service and to pay costs of £10,000 over two years.

HSE Inspector, Debbie John, said:

"This is a serious incident and one that could have easily been avoided.

"Had Mr Murton surveyed the property for the presence of asbestos prior to the start of construction work, the sprayed coating would have been identified and arrangements made for its controlled removal by an HSE-licensed contractor.

"Instead, Mr Murton; construction workers; waste management contractors and others were exposed to potentially deadly asbestos-containing materials."

Speaking after the case, Environment Agency Wales officer Sally Connah, said:

"There are specific rules and laws around the disposal of any waste, but specifically hazardous substances like asbestos. If we do not enforce these laws people's health and the environment can be put at risk.

"Any hazardous material has to be treated and disposed of correctly. If anyone is concerned about any waste material they think could be being treated illegally they should contact our incident hotline on 0800 80 70 60."

Notes to editors

1. The Health and Safety Executive (HSE) is Britain's national regulator for workplace health and safety. It aims to reduce 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.
2. Environment Agency Wales are an Assembly Government Sponsored Body, protecting and improving the environment in Wales for present and future generations. We are responsible for managing flood risk, dealing with pollution incidents, reducing industry's impacts on the environment, cleaning up rivers, coastal waters and contaminated land, and improving wildlife habitats.
3. Regulation 5 of the Control of Asbestos Regulations 2006 states 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 unless either
   1. he has carried out a suitable and sufficient assessment as to whether asbestos, what type of asbestos, contained in what material and in what condition is present or is liable to be present in those premises; or
   2. if there is doubt as to whether asbestos is present in those premises he
      1. assumes that asbestos is present, and that it is not chrysotile alone, and
      2. observes the applicable provisions of these Regulations
   Regulation 8(1) of the Control of Asbestos Regulations 2006 states that subject to regulation 3(2), an employer shall not undertake any work with asbestos unless he holds a licence granted under paragraph 2 of this regulation.
   
   Regulation 11(1) (a) of the Control of Asbestos Regulations 2006 states 'every employer shall prevent the exposure of his employees to asbestos so far as is reasonably practicable'
   
   Regulation 16 of the Control of Asbestos Regulations 2006 states that 'every employer shall prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably practicable the spread of asbestos from any place where work under his control is carried out'.
4. Further information on risk assessment can be found on the HSE website at http://www.hse.gov.uk/contact/faqs/riskassess.htm

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