April 16, 2018

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Firm fined after ‘misleading’ asbestos survey

A specialist asbestos company has been fined after failing to detect asbestos at a demolition site.

EAS Asbestos Limited was commissioned to conduct refurbishment and demolition surveys by Mercer Brother Limited, a construction company who were contracted to demolish garages for Hyndburn Homes. EAS Asbestos stated in their surveys that asbestos was only present in the cement roof sheets, that there were no areas that could not be accessed, and that there was no asbestos insulation board present in the garages.

On 1 February 2017, the demolition of the garages went ahead but work was immediately stopped when suspect material was found. Another surveying company was brought in and confirmed the presence of large amounts of asbestos insulation board in the demolition rubble.

The HSE’s investigation found that the survey carried out by EAS Asbestos Limited was incorrect and misleading.

At Greater Manchester Magistrates’ Court, EAS Asbestos Limited of Lower Meadow Lane, Huthwaite, Sutton in Ashfield, pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work Act 1974. The company was fined £6,700 and ordered to pay costs of £1,000 and a victim surcharge of £170.

Speaking after the case, HSE inspector Jacqueline Western said: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Webinar: April 2018 Legislation update

Every April and October, Barbour and SHP Online bring you a legislation update webinar looking back on recent changes, and forward to upcoming ones.

Join specialist regulatory law practitioners, Kizzy Augustin, Partner at Russell Cooke and Emma Evans, Associate of Pinsent Masons, who will take a look at these recent changes and they are also joined by Howard Pullman, Business Development Director at Cority.

Join them on Thursday 26 April between 11 am-12 pm (BST) to be part of the conversation.

Click here to register now

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Lisa Boulton

So after the case the HSE inspector said: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices. This seems a strange generic style quote when the case was about the survey not the works?


Seems to be almost a rubber stamp answer in response to every case anyway.