Personal Injury Solicitors

The Health and Safety Executive (HSE) has successfully prosecuted two brothers – described as having “little or no experience of building or construction” – after they exposed at least seven contractors to asbestos.

Akram Hussain, 52, of City Road and Inam Hussain, 47, of Boughey Road, of Stoke-on-Trent, were carrying out refurbishment work on a former print works in Scotia Road, Burslem when the contractors – one of whom was aged just 17 – were exposed to asbestos on the premises.

The two men had been refurbishing the premises for 10 years – although neither was qualified or experienced in construction, demolition or refurbishment work and they were not licensed to remove asbestos.

The HSE prosecuted snooker hall manager Akram Hussain and taxi driver Inam Hussain after discovering that work had been carried out without the required asbestos surveys – and without a Construction, Design and Management Co-ordinator (CDM) in place, which is required if work is to take more than 30 days.

Stafford Crown Court was told that, despite visits from HSE inspectors – and several enforcement notices warning the two men of their failings – the brothers continued to refurbish the building and disturb asbestos material, thereby putting their contractors at risk.

On 17 February, 2012 A Prohibition Notice was issued which stopped all work with asbestos or any work likely to disturb the hazardous material.

A “Direction to Leave Undisturbed” was also issued for the building, in force until the HSE had provided written confirmation that work could continue.

However, the court was told that several lorry loads of waste contaminated with asbestos were removed from the site and taken to an unlicensed waste disposal site in Stoke-on-Trent.
Workers were also seen leaving the site covered in dust and not wearing the correct protective clothing.

The HSE served a further Prohibition Notice and an Improvement Notice on Akram Hussain on 25 February, 2012 – after it was discovered that work was still being carried out without an asbestos survey or a CDM.

A separate Prohibition Notice was also served on Inam Hussain on 18 May, 2012 for the non-licensed removal of the asbestos from the building.

An Improvement Notice was served at the same time for the ongoing failure to appoint a CDM.

The court heard that an asbestos survey was later carried out – but work inside the building continued to disturb materials containing asbestos.

On Wednesday (20/08/14) at Stafford Crown Court, Akram Hussain and Inam Hussain pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974.

Akram Hussain was given a custodial sentence of 22 weeks and ordered to pay costs of £43,000. Inam Hussain was given a custodial sentence of 14 weeks.

After the hearing, HSE inspector Lindsay Hope said:

“Failure to identify and deal with any asbestos can lead to it being damaged and people then breathing in the fibres.

“The Hussains failed in their duty by choosing to ignore the dangers of this hidden killer.”

Duncan Lewis Personal Injury Solicitors – Asbestos & Mesothelioma Claims

Duncan Lewis is a leading firm of personal injury solicitors and can advise on making no win no fee claims for injuries or disease relating to exposure to hazardous materials such as asbestos.

Duncan Lewis personal injury solicitors can also advise on no win no fee Industrial Disease Claims involving exposure to hazardous chemicals, coal dust, chalk dust, silica dust, lime, latex, lead and carbon monoxide.

Personal injury claimants have three years from the date of diagnosis to make a no win no fee claim.

Duncan Lewis can also advise the families of workers who have died as a result of exposure to hazardous materials or fumes on how to make no win no fee Fatal Injury Claims.

For expert legal advice on no win no fee Asbestos & Mesothelioma Claims or Industrial Disease Claims, call Duncan Lewis personal injury solicitors on 020 7923 4020.