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£14,000 in fines for breaching Control of Asbestos Regulations (5 April 2017)

Date: 05/04/2017
Duncan Lewis, Personal Injury Solicitors, £14,000 in fines for breaching Control of Asbestos Regulations

The Health and Safety Executive (HSE) has prosecuted two companies after unsafe asbestos work was carried out on a property in Leatherhead, Surrey.

Kingsley Asbestos Services Limited (KAS) – a licensed asbestos removal contractor – was sub-contracted by Bourne Valley Construction Services Limited (BVCS) to carry out the work.

KAS removed some asbestos-containing materials and agreed to carry out repair works on other water-damaged materials within the properties.

During works to cut away damaged wall coverings in the kitchen, one of the workers cut into a pale-coloured board, which after subsequent testing proved it to be Asbestos Insulation Board.

A Health and Safety Executive investigation found BVCS had failed to plan the work and pass on information to KAS.

However, it was the responsibility of both BVCS and KAS to arrange for a refurbishment and demolition survey – as a consequence of this failure, work was carried out without establishing the location, presence and extent of asbestos-containing materials on site.

At Staines Magistrates’ Court, Bourne Valley Construction Services Ltd of Salisbury in Wiltshire pleaded guilty to breaching Regulation 13 (2) of the Construction (Design & Management) Regulations 2007 – the company was fined £8,000 and ordered to pay full costs.

Kingsley Asbestos Services Ltd of Ferring in Worthing pleaded guilty to breaching Regulation 5 (1) (a) of the Control of Asbestos Regulations 2012 – the company was fined £6,000 and was also ordered to pay full costs.

After sentencing, HSE Inspector Rebekah Dunn said:

“Asbestos still kills around 5,000 workers each year – and around 20 tradesmen die each week as a result of past exposure.

“BVCS were in control of the works and should have provided information identified in such a survey or assessment regarding the presence of asbestos to KAS as their sub-contractor.”


Duncan Lewis Personal Injury Solicitors

Duncan Lewis can advise those who have been diagnosed with work-related mesothelioma or asbestosis on how to make a no win no fee claim for compensation.

Personal injury claims for mesothelioma and asbestosis have to be made within three years of diagnosis.

Our specialist mesothelioma solicitors can advise in cases where a former employer may no longer be trading – and Duncan Lewis also offers supportive legal advice to bereaved families whose loved one was diagnosed with work-related mesothelioma or asbestosis at post mortem and who wish to make a claim for compensation.

For expert legal advice on no win no fee Asbestosis and Mesothelioma Claims, call Duncan Lewis personal injury solicitors on 0333 772 0409.


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