Health and Safety Failings – Prosecution for causing potential asbestos risk

Prosecution for causing potential asbestos risk

Key Facts:

• Asbestos is the single greatest cause of work related deaths in the UK.
• A restaurant’s leaseholder has been prosecuted for causing potential asbestos risk.
• He failed to put in place measures to control the spread of asbestos fibres, and failed to comply with a Prohibition Notice.
•  He was subsequently prosecuted and fined a total of £10,000, costs of £5,000, plus a victim surcharge of £500.

The Case:

A leaseholder of a restaurant has been prosecuted for causing a potential asbestos risk.

The 54-year-old restaurant leaseholder was in charge of construction work at the restaurant which included the removal of asbestos insulating board soffits during refurbishment works. These boards were removed in an uncontrolled manner, and no controls were put in place to prevent the spread of deadly asbestos fibres. The boards were then left at the side of the restaurant in an area that was accessible to members of the public.

As a result, a Prohibition Notice was served, which prevented any work being undertaken to remove the boards except for by a licensed contractor.

However, this Prohibition Notice was not complied with.

The case was heard at North Somerset Magistrates’ Court on 29 Apr 2015, where the restaurant leaseholder pleaded guilty to two breaches* of the Control of Asbestos Regulations 2012 and The Health and Safety at Work etc Act 1974. He was fined a total of £10,000, costs of £5,000, plus a victim surcharge of £500.

*Failure to Comply with Prohibition Notice under the Health and Safety at Work Act 1974 section 33(1) (g).
Failure to reduce to the lowest level reasonably practicable the spread of asbestos (Control of Asbestos Regs 2012 Reg 16)

What the HSE Inspector had to say:

After the case, HSE inspector Kate Leftly stated that:

“Asbestos is the single greatest cause of work-related deaths in the UK, with some 4,500 deaths each year due to asbestos-related diseases, as well as many serious illnesses.

“For this reason, work with asbestos requires a high degree of regulatory control to ensure it is carried out safely. Mr Ullah decided to ignore the fact an asbestos licence was required to undertake this work and his actions not only put those working on site and members of the public at risk.”

What the law states:

Section 33(1)(g) of the Health and Safety at Work etc Act 1974 states:

‘It is an offence for a person … to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal).’

Regulation 16 of the Control of Asbestos Regulations 2012 states:

“Every employer must prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably practicable the spread of asbestos from any place where work under the employer’s control is carried out.”

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