A company director has been fined after workers were exposed to asbestos during the demolition of a hotel in Cornwall.
Paul Stephens, director of the now liquidated Stephens and Stephens Developers Limited, was fined almost £66,000 as a result of failures at the former Cliffdene Hotel in Newquay in 2020.
The hotel closed in 2018 and was part of a redevelopment plan to build residential apartments.
An investigation by the Health and Safety Executive (HSE) into the control of asbestos at the site took place after the hotel had been almost entirely demolished in August 2020. The company had overall control over the assessment and removal of all asbestos-containing materials (ACMs) on site.
However, further inquiries revealed the presence of extensive asbestos debris. This was a sign that significant spreading had occurred and that those actions taken to control exposure had been inadequate.
‘Identification of the hazard is key’
Stephens was charged for failing to take reasonably practicable steps to contain the spread of asbestos.
He pleaded guilty to breaching regulations 16 of the Control of Asbestos Regulations 2012 by virtue of Section 37(1) of the Health and Safety at Work etc Act 1974.
He was fined £65,813 and ordered to pay costs of £26,116 and a victim surcharge of £190 at Truro Crown Court on 24 April 2024.
The financial penalty is to be paid in four instalments and must be paid in full within the next 12 months. The first payment is to be made within 28 days of the sentence hearing. The judge ordered a sentence of two years’ imprisonment in default.
Speaking after the hearing, HSE principal inspector Georgina Symons said: “The hotel was not in a state of disrepair and presented no structural danger, so there is no reason why the removal of ACMs could not be done ahead of its demolition.
“Identification of the hazard is key. No asbestos removal should happen if there is a risk of exposing workers to it. There needs to be a sufficient assessment as to the presence, location and condition of asbestos at all premises.
“Those tasked with undertaking the assessment should have the necessary skills, knowledge and experience to undertake this work.”
