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Asbestos firm fined £44,000
A BUSINESSMAN must pay £44,000 in fines and compensation for removing and transporting asbestos without a licence.
Robert McCart was prosecuted by the Health and Safety Executive (HSE) and the Environment Agency after his Hailsham-based company, Sussex Asbestos Solutions, broke several regulations governing the safe removal of the toxic fibres.
The court heard a householder who employed the defendant after finding his North Street firm in the Yellow Pages may have been exposed to asbestos because of McCart's failings.
McCart, of Ringwood Road, Eastbourne, went to the property in Gore Park Road last July, where the householder wanted plaster board removed from a ground floor workshop.
The insulating board contained brown asbestos, an especially harmful type, which can cause cancers and respiratory conditions.
McCart quoted 1,800 plus VAT for the work, which he carried out himself over a weekend in November.
Afterwards, his customer found an open white sack containing broken pieces of asbestos insulating board in his yard, and debris from the boards on the floor.
An enclosure around the area from which the asbestos was removed, designed to contain asbestos debris and airborne fibres, had not been used.
The victim had to pay 2,115 to Independent Asbestos Surveys Ltd to environmentally clean the workshop, something he was told would have cost far less if they had carried out the original work.
The HSE found McCart had fallen foul of the Control of Asbestos Regulations 2006, which stated he should have had a licence to remove the asbestos-filled insulating board, should have notified the HSE of the work and should have sealed off the works area and cleaned it thoroughly.
A statement from the owner of the Gore Park Road property said McCart let him and his family back into the workshop after the first day's work, meaning they could have inhaled asbestos.
Sussex Asbestos Solutions did not carry out air tests in the workshop after removing the material, did not put up warning notices around the area, and did not seal, double-bag and label the asbestos waste.
McCart also failed to have a required medical examination.
The HSE prosecuted for the removal of asbestos, the Environment Agency for its transportation.
Inadequate labelling by McCart's company led to workers at Lewes-based Sussex Skips handling a kind of asbestos they were not authorised to, causing them to breach the company's licence and put themselves in danger.
The EA and HSE prosecuted both McCart's company and him as an individual. The businessman, who is three years from retirement, pleaded guilty and was fined 3,000 for each of 12 offences.
The court heard he had no previous convictions and that no offences had occurred before or since the prosecution.
He must also pay 1,000 costs to the Environment Agency, 3,000 to the HSE, and 4,000 compensation to the man for whom he carried out the work plus a 30 victim surcharge, making a total of 44,030.
He was disqualified from holding the position of director of a company for four years.
Andy Holmes of the Environment Agency said after the case, "There are well-established procedures for handling and disposing of all waste materials and extra precautions are required for hazardous substances such as asbestos.
"By not complying with the legislation or following the correct procedures, the defendant not only put his own health at risk but also that of others.
"Anyone employing a contractor to carry out work on their premises should ensure that they are suitably qualified to do the work and that they dispose of any waste material correctly."
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Saturday 26 May 2012
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