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CLIENT FINED OVER PRE-CONSTRUCTION INFORMATION

Lack of PCI triggered asbestos insulation board disturbance

A construction project client has been fined alongside an appointed contractor after asbestos was disturbed during refurbishment work between June and August 2014.

Westminster Magistrates’ Court heard how two employees of 24-Hour Maintenance Services Limited disturbed asbestos insulating board (AIB) whilst undertaking work at a former commercial premises undergoing conversion residential flats, in Romford, London.

HSE investigators found that the client failed to pass on the details of the presence of asbestos to the contractor despite knowledge of this fact.

Asbestos can be found in any building built before the year 2000. A refurbishment / demolition asbestos survey is required where the premises, or part of it, need upgrading, refurbishment or demolition.

Significant exposure to asbestos fibres

A refurbishment and demolition survey was not conducted to determine the presence of asbestos on the site. The two workers removed AIB without any effective precautions and therefore received significant exposure to asbestos fibres.

  • Firestone Estates Limited – of Watford, Hertfordshire pleaded guilty to breaching Regulation 10(1)(b) of the Construction (Design and Management) Regulations 2007 and were fined £10,000 and were ordered to pay £1020.64 in costs with a £1,000 victim surcharge.

CDM 2007 Regulation 10 required that the project client must provide designers and contractors with the required Pre-construction Information. This duty has now been replaced by new duties under CDM 2015.

  • 24-Hour Maintenance Services Limited – of Borehamwood, Hertfordshire pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and were fined £5,000 with £974.44 in costs and a victim surcharge of £500.

 

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