Construction firms fined for unsafe removal of asbestos
A construction company and a property management company have both been fined after failing to manage asbestos safely during a refurbishment of a former office block in Stockport.
Manchester Magistrates’ Court heard how Samer Constructions Limited had been contracted by Swift Property Management MCR Ltd to refurbish the property in Stockport. Materials containing asbestos along with general waste had been discarded from the property in August 2018, and were spread across the roof of a one-storey part of the block. Some of the materials had also fallen onto a car park area below that was not segregated from passing members of the public.
An investigation by the HSE found that an asbestos survey carried out on 31 May 2018 identified the presence of asbestos containing materials (ACMs), including licensed ACMs, but this had not been passed to Samer Constructions Ltd prior to work being carried out. Swift Property Management MCR Ltd failed in its duty to pass the survey onto the contractor prior to work commencing. Samer Constructions Limited failed in its duty to identify whether a survey had been undertaken and went ahead with the work in a reckless manner, resulting in two employees being exposed to asbestos fibres.
The purpose of an asbestos survey is to:
- Find asbestos or ACM and record its form, location and amount.
- Record how accessible it is, its condition, and any surface treatment.
- Ascertain its type, generally by sampling.
A refurbishment / demolition survey is required where the premises, or part of it, needs upgrading, refurbishment or demolition. This type of survey will look beyond surface materials to identify asbestos that may be present within the fabric of the building.
It aims to make sure that:
- Nobody will be harmed by work on ACM in the premises or equipment.
- Work will be done by the right contractor in the right way.
The survey must locate and identify all ACM before any refurbishment or demolition work begins. It involves intrusive inspection and is targeted to whatever the intended building work involves – the more major the refurbishment, the more intrusive the asbestos survey will be. The area surveyed must be vacated, and declared 'fit for reoccupation' afterwards.
Swift Property Management Limited pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £25,000 and ordered to pay costs of £3,428.
Samer Constructions Limited pleaded guilty to breaching sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £12,000 and ordered to pay costs of £3,428.
Speaking after the hearing, HSE Inspector Phil Redman said:
“These risks could so easily have been avoided by acting on the findings of the asbestos survey and carrying out correct control measures and safe working practices. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
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