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Property developer fined £50,000 after exposing workers to asbestos risk (15 June 2015)

Date: 15/06/2015
Duncan Lewis, Personal Injury Solicitors, Property developer fined £50,000 after exposing workers to asbestos risk

The Health and Safety Executive (HSE) has successfully prosecuted a property developer, after exposing workers to potentially deadly asbestos fibres during the conversion of an office block into residential flats in Witham, Essex.

In July 2012, Marden Homes Ltd was commissioned to convert an office block into residential flats, which involved removing a disused boiler and its pipes from the building’s former plant room.

During the refurbishment work, employees of Marden Homes Ltd disturbed pipe lagging which contained asbestos fibres.

HSE prosecuted the company, after finding that Marden Homes Ltd had not arranged for a Refurbishment and Demolition Asbestos Survey to be available to the workers on site.

Contractors on site were therefore unable to identify the presence of asbestos before removing the disused boiler and associated pipework – during which task, they potentially exposed themselves and other workers to harmful asbestos fibres.

HSE inspectors found that one of the workers involved had not received any training to enable him to identify whether the materials he was removing were liable to contain asbestos.

In 2013, the company had received advice from HSE regarding the need for a refurbishment and demolition asbestos survey to be carried out, prior to work likely to disturb asbestos.

The company also received an Improvement Notice requiring it to provide employees with asbestos awareness training.

At Chelmsford Magistrates’ Court, Marden Homes Ltd of 275 Prince Avenue, Westcliff-on-Sea in Essex was fined £50,000 with costs of £1,413, after pleading guilty to three breaches of the Control of Asbestos Regulations 2012.

Speaking after the hearing, HSE Inspector David King said:

“Exposure to asbestos fibres is a serious and well known health risk, so it is essential that duty-holders take suitable and sufficient measures to prevent the disturbance, spread and exposure to asbestos.

“Guidance on managing the risks of asbestos is widely and freely available –
asbestos has been subject to regulations since 1931 and relevant to the construction industry since 1969.

“Therefore failing to take action to identify the location and type of asbestos present during planning of the work, not communicating that information to workers/contractors who may disturb the asbestos – and then not taking appropriate measures to protect the health of those exposed – is absolutely inexcusable.”

Duncan Lewis Personal Injury Solicitors – No win no fee Asbestos and Mesothelioma Claims

Duncan Lewis personal injury solicitors can advise contractors and workers who have been diagnosed with an asbestos-related disease contracted as a result of negligence on how to make a no win no fee claim for compensation.

Asbestos industrial disease claims usually have to be made within three years of diagnosis.

In cases where a worker was diagnosed at late stage asbestos disease or at post-mortem, Duncan Lewis can advise bereaved families on how to make a no win no fee Fatal Injuries Claim.

For expert legal advice on no win no fee Asbestos and Mesothelioma Claims, contact Duncan Lewis Personal Injury Solicitors on 020 7923 4020.


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