A roofer has been electronically tagged after admitting to fly-tipping asbestos on a road in Kent.
On 4 October last year, Wallace Sharpless, who runs Advanced Roofcare, had dismantled a shed roof for a client and loaded the debris in the back of an open truck. He drove the vehicle to two scrap yards in Strood, which refused to take the debris as it contained asbestos.
Having failed to find someone to take the waste, the 37-year-old then dumped half opposite Walsh’s Yard in Strood, before shedding the rest outside nearby Morgan’s timber yard. He was spotted fly-tipping the load by one of the businesses, which reported the incident to Medway Council. Environmental health officers from the council visited both sites and found CCTV footage of Sharpless dumping the hazardous substance.
Sharpless appeared in court on 24 April and pleaded guilty to breaching reg.10 of the Control of Asbestos Regulations 2006 and a number of environmental charges. He was sentenced to a curfew order between 8:30pm and 6:30am for four months and ordered to wear an electronic tag. He was also ordered to pay £1020 in costs, which included £720 to Medway Council for clearing the asbestos.
In delivering the sentence, chair of the bench Angela Howe said: “We consider this to be a very serious offence with you being fully aware that asbestos is a dangerous substance and a danger to the public.” €
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I wonder if the ACM contained crocidolite or amosite fibres, or any other dangerous fibres: that he should be sentenced more harshly than, say, most of the vagabonds that ravaged Tottenham Court Road, last year?
It may have been a domestic client? therefore no duty applies on the client.
Regulation 10 is for Information Instruction and Training, training includes for waste handling procedures.
Reg 10 applies wether he was self employed or an employee.
I`m guessing it was non- licenced Crysotile – white cement corregated roof sheets? hence the low fine imposed?
Surprised not to see Section 3(1) used though, its usually the default adopted?
Fair play to HSE I say, makes a change.
This occurred in my back yard. This matter is reported as being serious – and rightly so – however, is this recreant still trading..?? Are there any other imbecile roofers who do not realise that roofing material may contain asbestos. This case should have been set as an example to show the seriousness of the offence. £1200 and a tag is the cheap option. This also sets a case for regulating trades which are likely to breach H&S regulations and Laws due to the nature of their business.
‘Sharpless appeared in court on 24 April and pleaded guilty to breaching reg.10 of the Control of Asbestos Regulations 2006…’
Strange why the HSE should choose to prosecute for breach of reg 10…for failure to provide information, instruction and training – to himself! If was not as if he was not aware he was carrying ACMs – two scraps yards had refused to take the material. Surely, Mr Sharpless, appropriate name, should have been charged for breaching s3(1) HSAWA. No mention of Client…
Why the hell has this bloke been tagged? His curfew is outside of work hours so how is this going to stop him flytipping at work????
If he can’t afford a fine then jail the bloke or give him extensive community service so he can be punished for putting members of the public at risk. He should also have been banned from being a director of a company.
As a resident of Strood I can say there are to manny fly-by-night ‘man in a van’ idiots on the streets. The courts have not made an example of him and he is probably laughing up his sleeve…. I cannot seriously believe that they belived his plee… I panicked and had another job to go to – rubbish. They should have sent this dangerous moron to prison. I’ll bet he’s out each day doing exactly the same if he can get away with it. The courts should be ashamed of themselves.
How is it that the HSE were not involved in this case?
A Health & Safety offence relating to asbestos should have been dealt with and punished via the Relevant part of the Health & Safety @ Work Act.
Are we to have ASBOs issued for health and safety offences now??
When did the Law change on the Health & Safety @ Work Act?
(Or is this a LA “Bonkers Conkers” story yet again).
Is this what we will be left with now that HSE are not to take over LAs, (the one bit of LOfstedt that was sensible?)