£60,000 fine issued after workers exposed to asbestos

June 11, 2024

£60,000 fine issued after workers exposed to asbestos

A company director has been fined after workers were exposed to asbestos during the demolition of a hotel in Cornwall.

Mr Paul Stephens, director of the now liquidated Stephens and Stephens Developers Limited, was fined more than £60,000 as a result of failures at the former Cliffdene Hotel in Newquay in 2020. The hotel had closed in 2018 and was part of a redevelopment plan to build residential apartments on the site.

A HSE investigation into the control of asbestos at the site came after the hotel had been almost entirely demolished in August 2020. The company had overall control over the assessment and removal of all asbestos containing materials (ACMs) on site.

However, further enquiries revealed the presence of extensive asbestos debris, a sign that significant spreading had occurred, and that those actions taken to control exposure had been inadequate. Stephens was charged for failure to take reasonably practicable steps to contain the spread of asbestos.

Paul Stephens of Bar Meadows, Malpas, Truro, Cornwall pleaded guilty to breaching regulations 16 of the Control of Asbestos Regulations 2012 by virtue of Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £65,813 and ordered to pay costs of £26,116.

Speaking after the hearing HSE principal inspector Georgina Symons said: “The hotel was not in a state of disrepair and presented no structural danger, so there is no reason why the removal of ACMs could not be done ahead of its demolition.

“Identification of the hazard is key. No asbestos removal should happen if there is a risk of exposing workers to it. There needs to be a sufficient assessment as to the presence, location and condition of asbestos at all premises.

“Those tasked with undertaking the assessment should have the necessary skills, knowledge and experience to undertake this work.”

This prosecution was brought by HSE enforcement lawyer Matt Reynolds.

HSE
May 2024

Our Comment

Given the serious health risks and stringent legal requirements surrounding asbestos removal in the UK, it is paramount that only licensed asbestos abatement professionals undertake the task of handling asbestos-containing materials (ACMs). This approach ensures safety and compliance with UK legislation, mitigating potential health risks and avoiding significant legal penalties. 

Asbestos

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