CDM, Asbestos and Competency Issues Raised in Court Case

A case before Cannock Magistrates has again stressed the need to consider the presence of asbestos materials before demolition commences. The casealso raised issues of the competence of planning supervisors and client responsibilities.

The prosecution related to demolition of a factory which began on 5 June 2001. The next day, the HSE were informed by a member of the public that the glassworks factory was being demolished. HSE Inspector, Mr Tom Cleary went to the site to examine their health and safety plan. He discovered that the plan had been written by an employee of Dunton Demolition who had not even been to the site and it included training records of approximately fifteen employees who were not involved with the project.

He also found that no asbestos survey had been undertaken and the workers moving and demolishing the kiln bricks had not received asbestos awareness training. A prohibition notice was issued to stop any further work. Subsequent tests carried out on the kiln showed that asbestos was present.

Dunton Demolition pleaded guilty to four charges, two under The Control of Asbestos Regulations 1987, including failure to prevent, or reduce to the lowest level reasonably practicable, exposure of its employees to asbestos, and two under the Construction (Design and Management) Regulations 1994, including failure to prepare an adequate safety plan of the construction phase arrangements of the project.

Costs of £1,102 were awarded against them. Dunton Demolition said they have cooperated with the HSE and had a good health and safety record. The client, Morris Homes also pleaded guilty to four charges under the CDM Regulations for failing to reasonably satisfy itself that Dunton Demolition had the competence to perform the functions of planning supervisor; and failing to ensure that the planning supervisor was provided with information relating to the presence of asbestos. Costs of £1,253 were awarded against them. Morris Homes also said they have cooperated with the HSE and have since conducted extensive training.
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