Developer assumed to have disturbed asbestos
Contravention
Those who wish to carry out renovations must ensure that any asbestos-containing materials (ACMs) are identified in advance. This enables the ACMs to be removed by a specialist contractor before construction or demolition work can disturb them.
HSE inspectors found that Whaid Ahmed (A) had renovated a large building in central Manchester without checking for asbestos. The offence was uncovered when a routine inspection identified materials which were suspected to contain asbestos.
The investigation
The HSE undertook its own survey which confirmed large quantities of ACMs, some of which were in poor condition.
The asbestos was found in areas not yet renovated which pointed to ACMs having been removed where renovations were complete.
The inspectors found no evidence of either the asbestos having been identified or safe methods of work implemented to prevent construction workers from being exposed to the fibres.
Paying the price
A’s actions were undoubtedly premeditated as the HSE had previously taken enforcement action against him for similar issues both at the Manchester address and another building in Altrincham.
At Manchester Magistrates’ Court on 9 October 2018 A pleaded guilty to breaching the Control of Asbestos Regulations 2012 and was sentenced to six months in prison, suspended for two years. He was also given a 250-hour community service order and had to pay costs of £5,742.
Is a survey always needed?
Tip 1. You must almost always commission a refurbishment and demolition (R&D) asbestos survey in advance of any construction work on a building built before 2000.
Note. 2000 is the cut-off date after which you can assume that a building is free of ACMs.
Tip 2. If you have reliable evidence to show that there are no ACMs, in theory you don’t need an R&D survey. But be very sure of your ground - if you get this wrong it could be very costly in terms of health worries, clean-up costs, business disruption and enforcement action. If in doubt, undertake the survey.
Tip 3. If construction will affect just part of a building, make sure that all areas where workers might need access are examined, e.g. plant rooms, attics and beneath floors.
Tip 4. For those areas which do not need an R&D survey and which have not been previously inspected, arrange for an asbestos management survey to cover these parts, and develop a management plan (see The next step ).
For further information on asbestos surveys, visit http://tipsandadvice-healthandsafety.co.uk/download (HSÂ 17.06.07).
Create your profile to unlock this advice and many more.