Several businesses have been prosecuted in the last 12 months for asbestos issues. Whilst the pandemic interrupted regular asbestos audits and proactive safety work, now is the time to ensure that you have this risk under control in order to avoid one or more of the following. Kathryn Gilbertson, partner at Harrison Clark Rickerbys Solicitors, talks through some recent cases.

Cases hitting the headlines
In September 2022, Poundland Limited was fined £565,000 and ordered to pay £75,000 costs for a series of asbestos management failures. They hired asbestos consultants to survey their Ipswich building, which was found to contain asbestos in several locations. The consultants undertook annual monitoring visits, but Poundland did not prepare an asbestos management plan to ensure that the asbestos remained in a safe condition.

In October 2022, two directors of a construction company were fined after failing to ensure the safe removal of asbestos from a plot of land. They allowed the uncontrolled removal of asbestos and increased the risk of spread and exposure to asbestos panels by allowing it to be broken up with hammers before being bagged for disposal. Each was fined £1,400 and ordered to pay costs of £2,418.33.

In November 2022, Eddie Stobart was prosecuted for failing to carry out an asbestos survey during construction work. Several workers complained about the dust created when excavating and backfilling old buildings. An investigation by HSE found an asbestos survey had not been carried out prior to the work beginning to determine if any of the excavated material contained asbestos. There was no risk assessment and the workers involved hadn’t received any training in relation to asbestos. The company was fined £133,000 and ordered to pay costs of £9,260 by Manchester Magistrates Court.

In December 2022, City Property (Glasgow) LLP was fined £200,000 by Glasgow Sheriff Court. Their surveyor suffered severe injuries after he fell while carrying out an asbestos survey on the roof. He suffered life changing injuries including multiple skull fractures as well as a bleed to the brain and now uses a wheelchair.

In January 2023, a director of CWE Asbestos Consultants Ltd was carrying out an asbestos survey for Global Energy Nigg Limited at its Shop 7 premises. He was injured by an electrical explosion, sustained burns to a third of his body and died three months later. Global Energy Nigg Limited were fined £80,000 by Tain Sheriff Court.

HSE Visiting Officers have been attending sites where asbestos work is being carried out, viewing documents and collecting information.

What employers should do
If your building was constructed or refurbished prior to 2000 there could be asbestos present, and you should assume there is until proven otherwise. Check to see if anyone else has undertaken a survey or compiled an asbestos management plan by:

• Looking for any records of previous asbestos work.
• Asking the previous owners or tenants of the building.
• Asking the facilities management company, if there is one.
• Asking equipment suppliers or repairers.
• Asking the building designer, architect or builder.

If there is no information available, you should arrange for an asbestos survey to be carried out.

Asbestos still kills around 5,000 workers a year. The duty to manage asbestos relates to entire premises including yard areas, not just buildings. There is no safe level of exposure to asbestos.

International Workplace’s Asbestos Awareness training course will help develop the learner’s understanding of how to manage asbestos in the workplace and recognise the risks. It is suitable for anyone liable to disturb the fabric of a building or supervising those people.

We have also produced a downloadable guide for managers on the duty to manage asbestos, which looks at some of the complexities in the workplace. Download it here.