April 13, 2018

Get the SHP newsletter

Daily health and safety news, job alerts and resources

asbestos fraud

Managers forged asbestos documents to trade

An asbestos removal company, and two of its managers, have been prosecuted after forging documents in order to obtain an asbestos licence from the HSE.

Between 16 March 2012 and 10 March 2016, Excavation and Contracting (UK) Ltd used both forged medical certificates and forged asbestos training certificates for their asbestos removal operatives. These forged documents had been made by their asbestos operations manager, David Lloyd, and included medicals in the name of the company operations manager, Lee Cooper, and forged training certificates for Lee Cooper and the managing director, Brendan O’Halloran.

The doctor who had allegedly issued these medical certificates had retired sometime earlier to live outside the UK.

Investigating, the HSE found the defendants had used forged documents to obtain an asbestos licence from HSE in order to trade. The investigation also found the company could not show that they had properly trained or adequately monitored their workers who were exposed to asbestos.

Sentenced

Lloyd, of Hanwell Close, Leigh pleaded guilty to breaching Regulations 10(1)(a) and 22(1)(c) of the Control of Asbestos Regulations 2012. He was sentenced to 12 weeks in prison suspended for two years and was ordered to carry out 200 hours of community service. He was also ordered to pay costs of £1,000.

Cooper, of Shelley Close, Huyton, pleaded guilty to breaching Regulations 10(1)(a) and 22(1)(c) of the Control of Asbestos Regulations 2012 and was ordered to undertake 80 hours of community service and pay costs of £1,000.

Fined

Excavation and Contracting (UK) Ltd of West Quay Road, Warrington, pleaded guilty to breaching Regulations 10(1)(a) and 22(1)(c) of the Control of Asbestos Regulations 2012 and was fined £13,000 and ordered to pay costs of £10,000.

HSE inspector Matt Greenly said after the case: “Putting people at risk from asbestos by not training them or monitoring their health, as required by law, not only puts their lives at risk from an incurable set of diseases, but is also wholly unnecessary.

“There are ample affordable training providers and approved doctors who can carry out these functions at the convenience of the contractor. Taking deliberate shortcuts by creating forged documents will not be tolerated by HSE and we 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

Safety Differently

Leave a Reply

avatar
  Subscribe  
Notify of
4