Large-scale asbestos disturbance leads to prosecutions

Two companies and an individual site manager have been convicted of health and safety offences after a large-scale asbestos disturbance at demolition site in Cannock. The incident occurred after work was allowed to proceed despite clear evidence of asbestos within the building.

The investigation found that demolition had been halted after asbestos was discovered on site and a subsequent survey identified more than 200m² of asbestos‑containing materials and debris. The survey was shared with the demolition contractor who proceeded with the demolition work without addressing the asbestos present.

The client who initially had arranged for the survey to take place did not appoint the demolition contractor as Principal Contractor in accordance with the requirements of the Construction (Design and Management) Regulations (CDM) 2015 and therefore was prosecution for breach of regulation 5(4) ‘If the client fails to appoint a principal contractor, the client must fulfil the duties of the principal contractor in regulations 12 to 14’. The client was fined £74,900.

The demolition contractor was prosecuted under regulation 15(2) of CDM for failing to plan, manage and monitor construction work under its control and was fined £13,400.

An individual who acted as site manager for a third company was prosecuted after they contracted to remove the asbestos without the relevant licence or competence to conduct the work. The individual was prosecuted for breaching regulation 15(2) of CDM by virtue of section 37 Health and Safety at Work act 1974. They were sentenced to 26 weeks’ imprisonment suspended for two years and made subject to an electronically monitored curfew. They were also disqualified as a director for fiver years and ordered to pay prosecution costs.