Directors fined for unsafe removal of asbestos
Two directors of a construction company were fined after failing to ensure the safe removal of asbestos from a plot of land. On 14 and 15 November 2021, Directors Anthony Sumner and Neil Brown, of Waterbarn Limited were involved in the uncontrolled removal of asbestos material from a plot of land in Grasscroft, Oldham.
Two directors of a construction company were fined after failing to ensure the safe removal of asbestos from a plot of land. On 14 and 15 November 2021, Directors Anthony Sumner and Neil Brown, of Waterbarn Limited were involved in the uncontrolled removal of asbestos material from a plot of land in Grasscroft, Oldham.
The investigation by the Health and Safety Executive (HSE) found that both directors, along with one of the director’s two sons, were directly involved in activity resulting in the exposure and spread of asbestos. The method of removal was deemed unsafe, increasing the risk of spread and exposure of particles, as the asbestos panels were smashed with hammers before being bagged for disposal. Enforcement action was required to ensure the land was cleaned of all remaining asbestos debris.
At Manchester Magistrates’ Court on 6 September, company director Anthony Sumner of Stamford Road, Denton, Manchester pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc. Act 1974. He was fined £1,400 and ordered to pay costs of £2,418.33. Company director Neil Brown of Amlwch, Anglesey, Gwynedd, also pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc. Act 1974 and was fined £1,400 and ordered to pay costs of £2,418.33.
It is important to note that when left undisturbed, asbestos is not dangerous. It only becomes dangerous when it is disturbed, and the fibres are released into the air. The HSE provide free guidance, which is available to all, to ensure that people aren’t exposed to this dangerous material through a lack of knowledge or understanding.
Browne Jacobson have extensive experience in assisting clients proactively with asbestos policies and asbestos management plans to ensure an incident like this is avoided. We also assist clients who have been prosecuted, or have been issued with an improvement or enforcement notice from the HSE. If you are concerned, please get in touch with us.
You may be interested in...
Opinion
New fraud offence to be introduced in the new Economic Crime and Corporate Transparency Bill
Legal Update
Government to expand network and Information systems regulations
Opinion
New provisions for higher-risk residential buildings now in force
Published Article
ClientEarth claim may expand scope of directors' duties
Legal Update
UK Government publishes the Online Safety Bill: an overview
Legal Update
Directors and officers update
Legal Update
Update on the Digital Services Act (“DSA”) – Important Dates and Deadlines Looming
Legal Update - Public matters newsletter
Public matters - January 2023
Press Release
Browne Jacobson advises Natural England on investigation of ‘first in its kind’ sentenced Devon farmer
Legal Update
Safeguarding at scale report published
Guide
2023: Horizon scanning in construction
Legal Update
Biodiversity Net Gain: positive for nature and an opportunity for landowners
Published Article
Consumer duty part 3 - 'The drill-down' into the 'cross-cutting' rules
Legal Update
‘You get what you pay for’ – the meaning of ‘professional services’ in D&C policies
Legal Update
‘Final judgment’ or ‘final adjudication’ - what’s the difference?
Opinion
Logistics firm fined for multiple failings leading to asbestos exposure
Logistics company Eddie Stobart has been fined £133,000, after a series of failures which took place whilst excavation work was carried out, exposing its staff to asbestos.
Press Release
Law firm picks up record breaking sixth Education Investor Award
Browne Jacobson’s education team has been named as winner of the ‘Legal Advisors to Education Institutions’ category at the Education Investor Awards 2022 for a record sixth time.
Published Article
Consumer duty part 2 - 'The drill-down' into the 'cross-cutting' rules
Press Release
Thousands take part in virtual careers event to help increase diversity in the legal profession
Over 3000 young people from across the UK and Ireland took part in a virtual legal careers insight event, aimed at making the legal profession more diverse.
Opinion
Directors fined for unsafe removal of asbestos
Two directors of a construction company were fined after failing to ensure the safe removal of asbestos from a plot of land. On 14 and 15 November 2021, Directors Anthony Sumner and Neil Brown, of Waterbarn Limited were involved in the uncontrolled removal of asbestos material from a plot of land in Grasscroft, Oldham.
Opinion
Don't look down
An engineering company in Tyne and Wear was fined £20,000 after a worker fractured his pelvis and suffered internal injuries after falling through a petrol station forecourt canopy, whilst he was replacing the guttering.
Legal Update
DSA approved: Targeted Advertising Rules explained
The Digital Services Act (the “DSA”) has today (27 October) been given the go-ahead by the EU Council and will enter into force by early 2024.
Opinion
NHS England – Assuring and supporting complex change
NHS England has issued an updated (publication 11 October 2022) suite of Complex Change guidance about how it will assure and support proposals for complex change that are reportable to it. New and (where it is still in force) existing Complex Change guidance are as follows.
Opinion
Insights from the DfE on pandemic recovery and major policies
On 21 September 2022, we had the pleasure of hosting a Whitehall & Industry Group (WIG) lunchtime briefing, delivered by the Director General for the DfE’s Strategy Group, Julia Kinniburgh.
Opinion
HSE inspection of asbestos in schools
The Health and Safety Executive (HSE) have announced they will be carrying out a programme of inspections to primary and secondary school establishments from September 2022. The inspections will assess how schools are managing the risks from asbestos and meeting the Duty to Manage requirements, set out in Regulation 4 of the Control of Asbestos Regulations 2012.
Published Article
Consumer duty part 1 - 'The drill-down' into the 'cross-cutting' rules
This article is the first in a series aimed to help firms get to grips on a practical basis with the ‘cross-cutting rules’ within the new ‘Consumer Duty’ framework.
Legal Update
Browne Jacobson’s market leading Education expertise recognised again in latest Legal 500 rankings
The new set of Legal 500 directory rankings have been published and we are proud to once again be recognised as one of the country’s leading firms advising the Education sector.
Opinion
“Red tape” reform and no-fault dismissals
The Government has announced a change to the categorisation of “small” businesses to reduce the amount of regulatory compliance (or “red tape”) required. Currently, SMEs (those with fewer than 250 employees) are exempt from certain regulations – such as the obligation to comply with gender pay reporting. With effect from 3 October, these exemptions will be widened to apply to businesses with fewer than 500 employees.
Legal Update
U-turn on DEI regulatory reporting
Legal Update
IUA publishes cladding remediation clause
Legal Update
Keeping Children Safe in Education 2022: updated Governor and Trustee training requirement
The two biggest changes in the new safeguarding guidance revolve around sourcing high quality governor and trustee training and the new requirement to carry out online searches for shortlisted candidates.
Legal Update
Avoiding the pitfalls of WhatsApp
The use of social media platforms and applications can have overwhelmingly positive benefits for public bodies. However, regulatory action recently taken by the Information Commissioner, has highlighted various pitfalls that public bodies should seek to avoid if allowing staff to use social media as a communication tool.
Opinion
Is it hot in here, or is it just me?
Whilst the weather conditions are predicted to be cooling down this week, the Health and Safety Executive (HSE) is asking employers and businesses to consider adapting to recurrent warmer weather conditions for the safety and benefit of their staff. It asks employers to ensure that extreme heat becomes a firm part of longer term risk management. Climate change in any event is something all businesses will need to consider as the warmer weather becomes more frequent - extreme heat is something that will impact employers on a day to day basis.
Legal Update - Shared Insights
Shared Insights: The Fitness to Practise Regime
In this session, our speakers discussed the Fitness to Practise Regime and how we can help.
Published Article
RAAC planks and its impact on local authorities
Recent reports of flat roofs constructed using RAAC planks collapsing without warning prompted the SCOSS alert.
Published Article
The Building Safety Act 2022: Navigating building liability orders
Opinion
Compliance - small businesses and new regulation
The Federation of Small Businesses (FSB) has released a report setting out the impact of new and changing regulations arising from the pandemic on small businesses across the UK.
Legal Update
Construction: Gold Standard Framework – seven months on
We have created a summary of the recommendations and consistent themes which we are now starting to see becoming more embedded in public sector procurement practices.
Legal Update
Building cost increases and the impact of underinsurance
Legal Update
A new Modern Slavery Bill
Public sector and private sector organisations, particularly those who meet the £36 million threshold, are encouraged to review their approach to combating modern slavery in their organisation and its supply chains before the Modern Slavery Bill becomes law.