Health and Safety Failings – Suspended jail sentence over asbestos exposure

Suspended jail sentence over asbestos exposure

Key Facts:

• An HSE investigation was launched following asbestos exposure during works to remove asbestos insulting board from a residential property.
• A Leeds trader undertook the work, with the assistance of two workers, despite not holding the relevant legal license required for the work.
• The HSE said ‘It would appear that he has put profit ahead of the health and wellbeing of others, and in this case quite bafflingly, he put his own health at risk as well.’
• The trader was sentenced to 8 months in jail, suspended for 12 months, and costs of £260 for health and safety breaches.

The Case:

The HSE launched an investigation following a household and workers were exposed to potentially dangerous levels of asbestos fibres during works to remove asbestos insulating board from a garage.

A Leeds trader undertook the work, hiring two workers to help him, despite knowing full well that he did not hold the legal license required for such work. Neither of the hired workers possessed relevant licenses for the work either.

Asbestos is a known carcinogen, and asbestos containing materials release fibres into the air when damaged or disturbed. Asbestos exposure can lead to serious, life-threatening disease often years later. It is well established that asbestos exposure is dangerous.

Several key safety failings were identified:

• The trader had not used any of the standard control measures that licensed operators implement
• There was no protective enclosure
• No full-face respiratory equipment was used
• No negative pressure units or specialist vacuums were in use
• Asbestos debris and residue was left at the site, risking exposure to the homeowners.

The homeowner was so concerned about the state the garage was left in that he contacted Leeds City Council. They identified a suitable contractor who carried out an environmental clean of the property at additional cost to the homeowner. The council then reported the asbestos exposure to the HSE.

The case was heard at Leeds Magistrates’ Court on 20 March 2015, where the trader was prosecuted for safety breaches. He was sentenced to 8 months in prison, suspended for 12 months, and ordered to pay £260 in costs for breaches of the Health and Safety at Work etc Act 1974 and the Control of Asbestos Regulations.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Paul Yeadon stated that:

“It is appalling that a trader who is fully familiar with the restrictions governing asbestos wilfully ignores them and puts a household and the workers he has hired in danger. It would appear that he has put profit ahead of the health and wellbeing of others, and in this case quite bafflingly, he put his own health at risk as well.

We were unable to identify the two workers involved as Mr Raper could not provide their full names or contact details. We do think, however, that they were probably both exposed to asbestos fibres above the action level.

This kind of work must be carried out by competent people with the necessary licence to do so.”

What the law states:

Section 3(2) of the Health and Safety at Work etc Act 1974 states:

“It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.”

Regulation 8(1) of the Control of Asbestos Regulations 2006 states:

“A self-employed person shall not undertake any work with asbestos unless he holds a licence granted under paragraph (2) of this regulation.”

Asbestos is still present in millions of homes and buildings, and 20 tradespeople day every week on average from asbestos related diseases. Cases like this remind us that whilst safe work with asbestos has come a long way in recent decades, there is still a lot of work to be done in the area.

Further information on safe work with asbestos can be found here.

The HSE’s free Beware Asbestos is available here.

Find details of our safety training courses here

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