ASBESTOS - 14.02.2024

Illegal removal of asbestos leads to community order

A man has been handed a community order after he admitted removing asbestos from a school when he wasn’t licensed to do so. What were the circumstances of the case and how can you avoid selecting a bogus contractor?

The incident

Sean Thomas Faulkner (F) intentionally falsified clearance paperwork after removing asbestos- containing materials from Our Lady of Lourdes School in Shotton Colliery in March 2021. He carried out similar work several months earlier at a domestic property in Middlesbrough in November 2020.

The investigation

An HSE investigation discovered that F failed to hold a licence to safely remove asbestos and failed to ensure a four-stage clearance was carried out on both jobs by a person accredited by an appropriate body, posing serious risk. It was determined that F had received the relevant training on how to safely remove licensed asbestos and was fully aware of the legal requirement to hold a licence.

In court

F pleaded guilty to contravening Regulations 8(1) and 20(3) Control of Asbestos Regulations 2012 and breaching s.33 Health and Safety at Work etc. Act 1974 . He was given an 18-month community order, consisting of 15 days’ rehabilitation, 90 days’ monitored alcohol abstinence, 150 hours of unpaid work and costs of £1,000.

Disposal of asbestos waste

It is essential for any contractor handling asbestos waste to give you a consignment note before leaving your premises. This serves as confirmation, and you must authenticate the accuracy of all the enclosed information by signing it. Subsequently, you should receive a second copy of the same consignment note, but this time with the lower section (Part E) completed. This portion will outline the particulars of the waste transfer station where your asbestos waste was dispatched to, along with the date, time, and vehicle registration associated with its transportation.

Tip. If asbestos is removed from your property you are legally entitled to proof of where this has gone to. When you do find an asbestos contractor who will take your waste ask them for a copy of their waste carrier’s licence firstly, then ask where the asbestos is being taken to.

Tip. You should only look to remove asbestos if there are real risks of it being disturbed or it’s likely to cause problems with building maintenance, etc.

Employing contractors

There are various legal requirements which apply to the appointment of contractors. In particular, you need to take reasonable steps to check that they are able to do the work safely.

Tip. To help identify if your contractors are competent and hold the correct licences before awarding them a contract, use our Contractor Appraisal Questionnaire (see The next step ).

Tip. To make sure you don’t employ a rogue trader, the Construction Industry Advisory Committee, in conjunction with the HSE, provides a current list of all licensed asbestos contractors (see The next step ).

For our Contractor Appraisal Questionnaire and a link to licensed asbestos contractors, visit https://www.tips-and-advice.co.uk , Download Zone, year 22 issue 11.

An unlicensed contractor failed to follow relevant legislation when undertaking works. Even if you employ a contractor to remove asbestos, it remains your responsibility to ensure it is done safely and legally. Failure to do so could result in prosecution and reputational damage to your business.