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DIRECTOR FINED FOR ‘SIMPLY IGNORING THE LAW’ ON ASBESTOS

Estate management director prosecuted and  fined over spread of asbestos

Brian Marshall, aged 44, managing director of Supply on Demand Ltd, has been fined for breaching asbestos safety regulations.

Brighton Magistrates’ Court heard (11 June) that between the 7 and 20 May 2011, Mr Marshall instructed a worker to dismantle a building with an excavator prior to an asbestos survey being undertaken. Asbestos containing materials (ACMs) were disturbed during the demolition work.

HSE investigators found that Mr Marshall was informed of his duty to manage asbestos  by Lewes District council in September 2008 and he obtained a quotation in February 2011 for an asbestos refurbishment survey on another project nearby.

Shocking case of a director simply ignoring the law

Brian Marshall, of Rock Grove, Brighton, Sussex, pleaded guilty to breaching Regulation 4(3) of the Control of Asbestos Regulations 2006. He was fined £8,000 and ordered to pay costs of £10,449.

After the hearing, HSE’s Inspector Russell Beckett said:

“Asbestos can be difficult to identify unless you are trained and competent to do so. Before any demolition or dismantling work starts, an assessment must be carried out to establish whether asbestos is present. A survey will tell you whether asbestos is present and what to do about it.

Mr Marshall was well aware of the need to carry out an asbestos survey but decided to carry on without one. This is a shocking case of a director who did know better simply ignoring the law.

Up to 4,000 people a year die from asbestos related diseases. HSE will not hesitate to prosecute those like Mr Marshall who flout the law.”

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