Company lands hefty court bill after exposing Hanley shoppers and workers to asbestos
By Kerry Ashdown - Local Democracy Reporter
29th Aug 2023 | Local News
A construction company has landed a £96,199 court bill after exposing city centre workers and shoppers to asbestos.
Part of Brunswick Street, in Hanley, had to be blocked off after 'piles of asbestos insulating board' were found at a renovation site.
No-one from Warrington firm Esskay Construction attended last week's court hearing at North Staffordshire Justice Centre. But the company was found guilty in its absence of breaching three asbestos control regulations.
The court heard that the company had failed to carry out a suitable and sufficient assessment to find out if asbestos was present at the site which was being converted from a shop into residential use in August 2021. It also failed to prevent exposure to asbestos for employees and the spread of asbestos from the area where work was being carried out.
Stoke-on-Trent City Council investigators discovered 'piles of asbestos insulating board'.
Health and Safety Executive (HSE) prosecutor Nathan Cook said: "If it hadn't been for a member of the public contacting the HSE it would have been left like that. Part of Hanley was closed because of the potential spread of asbestos."
A HSE inspector served two prohibition notices to make the area safe. A licensed asbestos removal contractor was then appointed to carry out a clean-up operation.
District Judge Kevin Grego said: "It's clear that there should have been an assessment – it's very obvious corner cutting. It's a pretty egregious breach. There were no steps taken to reduce or stop the spread of asbestos materials. If somebody is going to be affected they may not know for 20 or 30 years they are going to be affected."
Following the hearing, HSE inspector Will Gretton said: "Asbestos is a class 1 carcinogen which is known to kill around 20 tradesmen each week. Carelessness at this scale, met with a failure to attend court, is unacceptable.
"For that reason, any building constructed prior to 2000 must be assessed for the presence of asbestos prior to any disturbance work taking place, and any asbestos-containing materials must be left undisturbed or be removed by a competent contractor under controlled conditions. By failing to take these simple steps, Esskay Construction put workers and members of the public at risk of being exposed to a substance known to cause fatal illnesses including mesothelioma, lung cancer and asbestosis.
"HSE will not hesitate to take action where contractors are found to be flouting the law and putting people at risk, and this case should serve as a reminder to those engaged in this type of work that they have responsibilities when it comes to managing the risks associated with asbestos."
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