NEWS INCOURTS THE
CONSTRUCTION COMPANY PROSECUTED FOR UNSAFE
REMOVAL OF ASBESTOS A construction company and its director have been fined after failing to ensure the safe removal of asbestos during demolition work.
Greater Manchester Magistrates’ Court heard how Sherwood Homes Limited was the client responsible for the demolition of Crowton Mill in Northwich. Peter Kiely was a director of the company when the results of an asbestos survey conducted in January 2017 were received that identified the presence of asbestos containing materials on the site. The extra work required to remove the asbestos increased the estimated costs and timescale for the completion of the demolition.
An investigation carried out by the Health and Safety Executive (HSE) found that Sherwood Homes Limited failed to ensure suitable contractors were used to carry out the asbestos removal work and demolition of the mill in February 2017. No record of a notification
to HSE to remove asbestos had been received for the site. No details of how the asbestos containing materials were removed or how they were disposed were provided to HSE.
Sherwood Homes Limited have had previous enforcement by HSE, including a prosecution in 2018 in relation to their role as a construction client.
Sherwood Homes Limited of Houldsworth Street, Stockport was found guilty to breaching regulation 4(1) of the Construction (Design and Management) Regulations 2015. The company was fined £170,000 and ordered to pay costs of £10,406.
Company director Peter Kiely of Bolton, pleaded guilty to breaching section 37 of the Health and Safety at Work etc. Act 1974, in relation to the company’s failing of regulation 4(1) of the Construction (Design and Management) Regulations 2015. Peter Kiely was fined £6,500 and ordered to pay costs of £7000.
HSE Inspector David Norton said after the hearing: “Asbestos is responsible for thousands of deaths in the UK every year but it only becomes dangerous when it is broken up and fibres are released into the air. Asbestos should only be removed by specialist contractors.”
FARMER FINED AFTER WORKER
SUFFERS FATAL FALL A farmer has been fined following a worker’s fatal fall through the fragile roof of a milking shed on the farm.
Mold Magistrates’ Court heard how, on 19 July 2018, self-employed contractor David Alan Rees was fatally injured whilst he was clearing out the valley gutter from a ladder at Knolton Farm, Overton, Wrexham.
An investigation by the Health and Safety Executive (HSE) found that Robert Latham failed to plan the work
at height and did not have any suitable equipment available to do the work safely.
Robert Latham of Knolton Farm, Overton pleaded guilty to breaching section 3(2) of the Health and Safety at Work etc Act 1974 and was fined £26,000 and has also been ordered to pay costs of £3922.60 and a surcharge of £170.
Speaking after the case the HSE inspector, Mhairi Duffy said “There are no winners in this tragic case.
“Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers and contractors in the safe system of working. If a suitable safe system of work had been in place prior to the incident, the death could have been prevented.”
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