Thursday, October 13, 2011

Bromley Building Contractor Fined over Asbestos

On 6th October 2011, at the City of London Magistrates' Court, Fadil Adil pleaded guilty to breaching the Control of Asbestos Regulations 2006, and the Construction (Design and Management) Regulations 2007. He was fined £19,300 and ordered to pay costs of £7,654.
Adil, of Coniston Road, Bromley, was prosecuted by the Health and Safety Executive for the way work was carried out on a construction site he was in charge of, on Bromley High Street between 21 and 29 June 2010.

The project involved the demolition of a building that had a restaurant on the ground floor and flats above. Asbestos insulating boards in the restaurant's ceiling were broken up during the demolition which Mr Adil was overseeing. Three workmen demolished the building using sledgehammers and hand-operated breakers, meaning they could have been exposed to asbestos fibres.

The HSE investigation found that the defendant did not have a licence to work with asbestos, nor was he trained in construction management. At no point did the defendant carry out an asbestos survey, nor did he provide any guidance to the workmen regarding the presence of asbestos.

HSE Inspector Ian Seabrook said: "Sadly, this kind of incident is all too familiar because the defendant's actions meant that his colleagues were more than likely exposed to asbestos fibres. The dangers of asbestos are well known; it is the single greatest cause of work-related deaths in the UK with around 1,000 tradesmen dying each year from asbestos-related diseases”.

Employers should conduct an asbestos survey to ascertain whether asbestos may be present in a work area. If any material is suspect then it should be tested and any confirmed asbestos removed in a controlled manner by a licensed contractor.

Every employer has a duty to manage the risks posed by asbestos and carry out an asbestos survey on their premises. Contractors whose employees work on sites owned or managed by others are particularly at risk and they should seek assurances from their Principals as to whether an asbestos survey has been carried out, and then act accordingly.

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