Sussex company director fined after failing to control asbestos

Date:

12 June 2012

Release No:

SE/113/12

An estate management director, from Brighton, has been fined after failing to manage the spread of asbestos during the demolition of a building.

The Health and Safety Executive (HSE) prosecuted Brian Marshall, 44, managing director of Supply on Demand Ltd, for breaching asbestos safety regulations.

Brighton Magistrates' Court heard yesterday (11 June) that between the 7 and 20 May 2011, Mr Marshall instructed a worker to dismantle a building at Bluebell Business Estate, Uckfield, with an excavator. No asbestos survey was carried out before work started and asbestos containing materials (ACMs) were disturbed during the demolition.

A HSE investigation found that Mr Marshall was told about his duty to manage asbestos by Lewes District council in September 2008. He even obtained a quote in February 2011 for an asbestos refurbishment survey on another project nearby.

After the hearing, HSE's Inspector Russell Beckett said:

"Asbestos can be difficult to identify unless you are trained and competent to do so. Before any demolition or dismantling work starts, an assessment must be carried out to establish whether asbestos is present. A survey will tell you whether asbestos is present and what to do about it.

"Mr Marshall was well aware of the need to carry out an asbestos survey but decided to carry on without one. This is a shocking case of a director who did know better simply ignoring the law.

"Up to 4,000 people a year die from asbestos related diseases. HSE will not hesitate to prosecute those like Mr Marshall who flout the law."

Brian Marshall, of Rock Grove, Brighton, Sussex, pleaded guilty to breaching Regulation 4(3) of the Control of Asbestos Regulations 2006. He was fined £8,000 and ordered to pay costs of £10,449.

Information on the duty to manage asbestos is available at: http://www.hse.gov.uk/asbestos/campaign/duty.htm

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. Regulation 4(3) of the Control of Asbestos Regulations 2006 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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