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CLIENT FINED OVER ABSENT ASBESTOS SURVEY

Refurbishment project commenced before survey undertaken

Two family run companies have been fined after refurbishment work was undertaken before a suitable asbestos survey had been undertaken to identify if any asbestos containing materials (ACMs) were involved in a basement conversion in Manchester.

Manchester Crown Court heard how Hatters Taverns Limited appointed sister company Hatters Hostel Limited as the ‘main contractor’ for the basement conversion beneath a hostel at 50 Newton Street, Manchester.

The project involved the full strip out and refurbishment of the basement, a former restaurant unit, into a bar venue.

An unannounced HSE visit was conducted to inspect the ongoing refurbishment works. During the visit it was discovered there had been no asbestos survey carried out before tradesmen started stripping out the majority of the space.

Survey requirement clear and well known

The client and contractor were both prosecuted by HSE.

  • Hatters Taverns Limited – of 50 Newton Street Manchester pleaded guilty to breaching Regulation 4(3) of the Control of Asbestos Regulations 2012 and was fined £10,000.
  • Hatters Hostel Limited – of 56-60 Mount Pleasant, Liverpool pleaded guilty to breaching Regulation 5(a) of the Control of Asbestos Regulations 2012 and was fined £24,000 and ordered to pay the combined costs for both defendants of £10,232.50.

Speaking after the hearing HSE inspector Matt Greenly said after the case:

“Both Hatters Hostel and Hatters Taverns have failed in their duty to protect their workers, subcontractors and visitors to his site from harm. Asbestos related diseases are currently untreatable and claim the lives of an estimated 4000 people per year in the UK.

The requirement to have a suitable asbestos survey is clear and well known throughout the construction industry. Only by knowing if asbestos is present in any building before works commence can a contractor ensure that people working on their site are not exposed to these deadly fibres.

The cost of an asbestos survey is not great but the potential legacy facing anyone who worked on this site is immeasurable. Exposure to asbestos fibres can potentially cause life shortening diseases in the long term and Hatters Hostel Limited and Hatters Taverns Limited should have taken more care to protect workers from a totally preventable exposure.

This case sends a clear message to any company that it does not pay to ignore well known risks on site.”

 

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