A Wiltshire based asbestos removal company and one of its Directors have been sentenced after removing licensable asbestos materials in an unsafe manner.

Winchester Crown Court heard that on 8 March 2013, the Health and Safety Executive (HSE) received a concern from an employee of a construction company hired to demolish the Forresters Respite Centre in Hythe.

Sarum Asbestos Limited (SAL) had been contracted to conduct an asbestos survey and then arrange for the removal of any identified asbestos material before demolition work could begin on site.

An investigation by the HSE found that Sarum Asbestos Ltd had undertaken similar work in other locations and failed to ensure that this work with asbestos was undertaken in a safe manner by competent personnel. They also failed to undertake further testing on these sites to ensure that the asbestos had been removed safely and, as a result, placed workers at risk of exposure to asbestos fibres, as well as putting members of the public at risk.

The investigation also found the company’s Director, Jeremy Uphill, ignored the legal requirements for the licensed removal of asbestos-containing material.

Sarum Asbestos Limited of Pound Lane, Charlton All Saints, Wiltshire pleaded guilty to the six charges:

• Sections 2 and 3 of the Health and Safety at Work Act 1974 for the work conducted at Forresters Respite Centre. These charges concern risks to their own operatives and members of the public.
• The company also pleaded guilty to the same charges for work conducted at Corsham Police Station.
• Sarum Asbestos Ltd also pleaded guilty of breaching Regulation 11 of the Control of Asbestos Regulations 2012 for work conducted at Moonfleet Manor, Weymouth, regarding a failure to control personal exposures to asbestos.
• It also admitted the same charge for work conducted at Camberwell Reform Church in London.

At Salisbury Crown Court, the company has been fined a total of £100,000 and ordered to pay costs of £31,000.

Jeremy Uphill of Boyds Road, Pimperne, Dorset also pleaded guilty to the same six charges and was given a total of six months imprisonment suspended for two years.

Speaking after the hearing, HSE inspector Adam Wycherley said: “Both the company and Director have failed to protect their workers and members of the public on a number of occasions and as a result placed them at risk of exposure to asbestos fibres.

“Work with the material the company identified should have been subcontracted to a qualified licensed asbestos removal company.

“Around 3000 people a year die from an asbestos-related disease, and it is a well-known risk within the construction industry. There is no excuse for putting people at risk when  hazards can be controlled with careful management during work with asbestos-containing materials.”

The owner of a block of flats was prosecuted after a Health and Safety Executive (HSE) inspection identified serious safety breaches while it was being demolished.

Westminster Magistrates’ Court heard that a public member raised concerns about the conditions at the site at 60 Pitcairn Road, Mitcham. Selliah Sivaneswaran was the property owner but had failed to make appropriate appointments for the development project. HSE had inspected the site in October 2016, and the work halted due to the workers being exposed to a range of risks, including asbestos exposure, falling from a height, and fire.

HSE revisited the site on 4 January 2017 and found the work had restarted while the site was still unsafe, despite enforcement notices being served and advice being provided. The demolition continued to be carried out by hand, with workers climbing onto the unguarded roof and throwing debris down. Workers were at risk of falling up to four metres through holes in the floors and partly demolished staircase. No welfare facilities had been provided, and there was a significant risk of fire with the workers not escaping. The Court heard that HSE had to return to the site two days before the sentencing hearing and take further action.

The project involved the demolition of the old flats and the construction of four one-bedroom flats and two two-bedroom flats on a site bought for £115,000 in 2001. The Court heard that despite the foreseeably large financial return from the project, Mr Sivaneswaran put profit before safety and paid cash in hand to untrained workers, did not engage a site manager, and provided none of the legally-required site documentation.

Selliah Sivguru Sivaneswaran of Harlyn Drive, Pinner pleaded guilty to breaching Regulation 13(1) and 4(1) of the Construction (Design and Management) Regulations 2015 (CDM) and was fined £200,000 and ordered to pay £1,421.20 in costs.

HSE inspector Andrew Verrall-Withers commented after the hearing: “Mr Sivaneswaran was a commercial client as he was carrying out work as part of a business. When he failed to appoint a principal contractor, their duties fell on him.

“Thanks to a member of the public reporting the dangerous conditions, HSE was able to take action. It was just good fortune that no one had been killed at the site”.

“Instead of taking the support and advice provided by HSE, Mr Sivaneswaran continued to let the workers operate in appalling conditions where they were at risk of being killed. He did not even provide them with a WC or washing facilities”.

A waste removal contractor from Bridgend has been sentenced after undertaking asbestos removal work at two locations without being licensed to do so.

Swansea Magistrates’ Court heard how, on two occasions 1 September and 7 November 2016 Mark John Gibson, who advertised as an asbestos removal service, was contracted to remove asbestos containing materials from properties in Pont Y Clun and Dyffryn Chapel, Caerau.

An investigation by the Health and Safety Executive (HSE) found that Mr Gibson (trading as All-Gone Waste) worked with asbestos containing materials that required him to have a licence from the HSE. He did not and has never had a licence issued to him for this purpose.

Mark John Gibson of High View, Bridgend pleaded guilty to breaching Regulations 8 (1) of the Control of Asbestos Regulations 2012, and Regulations 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. He has been fined £1500.00 and ordered to pay costs of £2657.00

Speaking after the hearing HSE inspector Phil Nicolle said: “Mr Gibson undertook asbestos removal work which he was not licensed to do.

“Asbestos removal must be done by HSE licensed contractors to ensure the highest standards are met to prevent health risks to employees and members of public.”