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    CLIENT & BUILDER ACCOUNT FOR ASBESTOS FAILINGS

    Asbestos survey identified ACMs which were removed without controls

    A property owner and the building contractor engaged have both been sentenced after asbestos containing materials (ACMs) were on site whilst a hotel was being refurbished during September 2017 in Newquay.

    Truro Crown Court heard that the property was to be partially demolished and refurbished under the control of one of the property owners. The hotel had been left derelict for several years and subject to vandalism and squatting and “soft-stripping” of the building had been carried out by the owner.

    Asbestos surveys identified the presence of ACMs yet these materials were not managed appropriately nor removed prior to the work. A local contractor was appointed to carry out works in half of the property whilst one of the owners himself stripped asbestos from within the former hotel.

    Workers and visitors at risk of exposure to asbestos

    A proactive visit by HSE inspectors identified that the former hotel was being refurbished and partially demolished whilst ACMs remained in-situ. Some of these ACMs were licensable products (e.g. asbestos insulating board which contains amosite).

    Due to the extent of the spread of asbestos dust and debris throughout the building and the lack of adequate control measures, workers and visitors to the properties were at risk of exposure to asbestos fibres.

    • B and S BM Limited – of Prow Park, Newquay pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work Act 1974. The company was fined £22,000 and ordered to pay costs of £5,000.
    • Michael Cutmore – of Mount Wise, Newquay pleaded guilty to breaching S3(2) of the Health and Safety at Work Act 1974 and has been ordered to carry out 120 hours unpaid work and ordered to pay costs of £7,500.

    Speaking after the hearing HSE inspector Georgina Speake said,

    “Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.

    The dangers associated with asbestos are well known and a wealth of advice and guidance is freely available from HSE and other organisations.”

    Latest Construction Health and Safety News

    CONSTRUCTION SAFETY NEWS – END OF NEW CONTENT

    The addition of content on this website ceased on 17th April 2020.

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