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DEVELOPER FINED OVER SECURITY AND SURVEY FAILURES

Children not prevented from accessing site where asbestos may be present

Allan Smith, the partner in a Kent based development company, has been prosecuted after dangerous conditions were found on demolition project in Dover. Mr Smith failed to undertake an asbestos assessment and did not secure the site.

Canterbury Magistrates heard that in April 2010 a former public house was purchased for development and Mr Smith, from ATS Developments, acted as the principal contractor to demolish the building.

HSE received a complaint that children were playing on site and when an inspector visited in October 2010 the building was found partially demolished and the site unfenced. There was a public footpath running across the land.

The HSE investigators found that no asbestos survey had been carried out prior to demolition, which remained the case even after HSE sent a letter to the partners stating that a survey needed to be undertaken. An Improvement Notice was served on 8 October 2010 about site security.

Failure to think about risks to workers and public caused by ‘cutting corners’

Allan Smith, of Deal, Kent, pleaded guilty to Regulation 5 of the Control of Asbestos Regulations 2006 and Regulation 27(2) of the Construction (Design and Management) Regulations 2007. He was fined £7,000 and ordered to pay costs of £7,000.

After the hearing, HSE’s Inspector Caroline Penwill said:

“Mr Smith did not think about the risks he may have exposed his workers and members of the public to by cutting corners.

Before anyone undertakes any demolition works they must consider whether asbestos is present and take precautionary steps such as carrying out an asbestos survey.

The site was also very unsecure and exposed local children to the hazards of a building site. What makes this case all the more disappointing is that Mr Smith continued to work after the HSE advised him to undertake an asbestos survey.

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One Response to “DEVELOPER FINED OVER SECURITY AND SURVEY FAILURES”

  1. HSE ENFORCEMENT WEEKLY UPDATE 11th APRIL 2012 | PP Construction Safety News Desk Says:

    […] DEVELOPER FINED OVER SECURITY AND SURVEY FAILURES […]