Two Midlands companies and a site manager have been sentenced after a large-scale asbestos disturbance and illegal clearance operation was carried out at a demolition site.
Following concerns about unsafe demolition work, an HSE inspector visited the site in Cannock on 7 September 2023.
The inspector found that demolition had been halted after asbestos was discovered. A subsequent refurbishment and demolition asbestos survey identified 218 sq m of asbestos-containing materials and debris.
The investigation established that Sohan Group, the client for the project, had commissioned an asbestos management survey before work began, which identified some asbestos-containing materials within the building.
This survey was shared with the demolition contractor, Maize Metals, which proceeded with the demolition work despite being aware of the asbestos.
Sohan Group had not appointed a principal contractor to manage the construction project, as required under the Construction (Design and Management) Regulations 2015.
Following the refurbishment and demolition survey, the company obtained a quote for removal by a licensed asbestos removal contractor, but instead appointed Disa Properties, represented by Ali Raza Baig, to carry out the asbestos clear-up.
According to HSE, neither the company nor Baig held the necessary licence or competence to work with asbestos.
Baig failed to engage a licensed contractor and failed to ensure appropriate measures were in place to prevent exposure to, and spread of, harmful asbestos fibres, the investigation found.
HSE guidance on managing and working with asbestos states that, under the Control of Asbestos Regulations 2012, employers must commission a refurbishment and demolition asbestos survey before starting any work likely to disturb the fabric of a building constructed before 2000.
Any asbestos-containing materials identified must either be left undisturbed or removed by a competent, and in many cases HSE-licensed, contractor under controlled conditions.
Serious breaches
Earlier this month, Sohan Group pleaded guilty to breaching Regulation 5(4) of the Construction (Design and Management) Regulations 2015. It was fined £74,900 and ordered to pay costs of £3,658.14 and a statutory surcharge of £2,000.
Maize Metals pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015. It was fined £13,400 and ordered to pay costs of £1,359.51 and a statutory surcharge of £2,000.
Baig also pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015 by virtue of Section 37 of the Health and Safety at Work etc. Act 1974. He was sentenced to 26 weeks’ imprisonment, suspended for two years, and made subject to an electronically monitored curfew for three months.
A director disqualification order for five years was also made under Section 2(1) of the Company Directors Disqualification Act 1986. Baig was warned that breach of the order is a criminal offence carrying a maximum sentence of two years’ imprisonment. He was ordered to pay costs of £5,899 and a statutory surcharge of £154.
HSE inspector Rob Gidman said: “Asbestos is a Class 1 carcinogen which is known to kill around 20 tradespeople each week due to past exposure.
“By failing to ensure the demolition was properly planned and managed, considering the presence of asbestos on site, these companies and Mr Baig put workers and members of the public at risk of being exposed to a substance known to cause fatal lung disease.”
