Construction Firm Fined Following Failure Of Management Controls.
A construction company, Barroerock Construction Limited, (‘the company’), based at Langley House Park Road, East Finchley, London has been fined £750,000 plus costs of £14,874.68 after pleading guilty to offences committed while converting former office premises in Ashford, Kent.
Two investigations by The Health and Safety Executive (‘HSE’) had been conducted on the premises which were known to contain asbestos.
The company had failed to comply with a refurbishment and demolition survey with the result that as many as forty workers had been exposed to risk.
The HSE discovered that, even though a licensed asbestos contractor had been employed to remove the material, dangerous practices were continuing.
Additionally, the company was unable to provide documentation showing that asbestos material had been properly removed from the site.
Melvyn Stancliffe, HSE inspector stated:
‘The company’s failings in this case has put many workers at risk to the exposure of asbestos’.
‘It was clear there was an endemic failure to effectively manage the construction work on the site in a way which ensured that asbestos materials were not disturbed until removed under appropriate conditions’.
‘Failure to prevent the breathing in of asbestos fibres on the site is reckless’.
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The company pleaded guilty to two offences of breaching Regulation 22(1)(a) of the Construction Design and Management Regulations 2007
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The HSE found that the incidents could have been avoided if the company had ensured that effective management controls had been in place and executed in order to avoid the exposure to asbestos.
The courts are not afraid to impose large fines in recognition of companies flouting Health and Safety law and in particular, in cases involving the unsafe removal of asbestos, which poses a substantial risk to the public.
Our specialist lawyers are able to provide advice and assistance throughout the entire criminal process, from the initial intervention by the HSE through to enforcement, interview under caution and, ultimately, criminal prosecution.