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Adam Jeavons
Member - 1 post
What are the penalties for non-compliance with the new Asbestos Regulations before 21 May 2004? What are the charges (criminal?) and who is charged(company or individual?).
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Ciaron Dunne
Member - 85 posts
Adam,
The following is an extract from the Workplacelaw Network Special Report, 'Asbestos: Duty to Manage' (ISBN 1-900648-71-7, price £99, tel. 0870 777 8881, ref. 1319). I think this answers your question:
When a dutyholder is prosecuted for an offence either under the Health and Safety at Work Act or under the Control of Asbestos at Work Regulations, the Court will fine them according to their means.
Thus, if it is a company that is before the Court then the Court must consider the guidelines issued by the Court of Appeal under the case of R -v- F Howe & Sons Engineers (1999). The Court will consider any aggravating features in the case such as a deliberate breach of the law with a view to profit, a failure to heed warnings, such that the fine is substantial enough to have a real economic impact on the company.
Recent cases involving asbestos where a company has been prosecuted have included fines of £40,000 plus costs, while individuals have been sentenced to terms of imprisonment of up to nine months. Where individuals have ignored prohibition notices then recently we have seen a property developer being sentenced to a four-month imprisonment, while a managing director has been fined £5,000 plus costs.
There appears to be an increasing trend within property related prosecutions to take action not only against the company but also the individual property manager and property management agency. Thus the enforcement officers will allow the courts to decide how to distribute liability between the individuals concerned in an incident.
Workplacelaw Network
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John Richards - Thames Laboratories
Online advisor - 8 posts
Ciaron,
I would agree with this, some of the first health and safety custodial sentences have been for asbestos related matters, with an increasing trend towards individual prosecution. It therefore important to ensure that those advising or managing the asbestos risk are suitably experienced and qualified for organisation to demonstrate they have robust procedures in place to manage this risk.
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