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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

Prosecutions following asbestos safety failings

The owner of a former Burton upon Trent brewery and the sub-contractor on a project to refurbish it have been prosecuted after a catalogue of safety failings was uncovered surrounding the unsafe removal of asbestos.

An investigation by the Health and Safety Executive (HSE) also revealed that workers were living in the building and one had contracted Legionnaire’s disease.

Burton upon Trent magistrates heard HSE received a complaint from a member of the public that asbestos-containing material had been removed from within the building and walled up in the basement. HSE identified a significant area of the building as being contaminated and a licensed asbestos removal contractor later dealt with some 27 tonnes of the dangerous materials.

The company pleaded guilty to breaching a number of different health and safety regulations. It was fined a total of £63,000 and ordered to pay costs of £16,000.

The sub-contractor pleaded guilty to breaching two counts of Regulation 13(2) of the Construction (Design and Management) Regulations 2007 Regulations for failing to plan, manage and monitor construction work. He was given a three month prison sentence for each offence, to run concurrently, suspended for twelve months. He was also ordered to carry out 200 hours unpaid community work and pay costs of £3,500.

Speaking after the hearing, HSE inspector David Brassington said:

“Asbestos is the single greatest cause of work-related deaths in the UK, accounting for around 4,500 fatalities a year. Building owners and contractors have a duty to ensure they protect their workers from risk of exposure.”

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