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Charitable trust and contractor prosecuted over asbestos management failure (8 January 2016)

Date: 08/01/2016
Duncan Lewis, Legal News Solicitors, Charitable trust and contractor prosecuted over asbestos management failure

The Health and Safety Executive (HSE) has prosecuted a charitable trust and a contractor employed by the trust for safety failings, after asbestos was disturbed and work in a building was allowed to continue.

The Williamson Trust is responsible for the running of a school academy where Mark Tucker was contracted to refurbish a building block.

In July 2012, despite knowing the trust had an asbestos register identifying where asbestos was located within the school, work was carried out by Mark Tucker to refurbish a building block without consulting the register.

HSE investigators discovered that the trust had failed to complete a refurbishment and demolition survey – and had failed to ensure that the contractors had the asbestos information they needed to carry out the work safely.

On Wednesday 6 January at Chatham Magistrates’ Court, the Williamson Trust of Maidstone Road, Rochester in Kent pleaded guilty to Section 3(1) of the Health and Safety at Work etc Act 1974, and was fined £18,000 and ordered to pay costs of £17,000.

Mark Tucker of Maidstone Road, Chatham in Kent pleaded guilty to Regulation 13(2) of the Construction (Design and Management) Regulations 2007 and was fined £9,000 and ordered to pay costs of £8,000.

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