Companies And Site Manager Sentenced After Illegal Asbestos Clearance At Cannock Demolition Site

Brief Summary

Demolition at a Cannock site was halted after asbestos was discovered, but the work was later resumed with inadequate planning and an illegal clearance arrangement. Two companies and the site manager were sentenced for failing to manage the project properly under the Construction design and management rules, creating risk of asbestos exposure for workers and members of the public.

What Was The Incident?

An HSE inspector visited the Cannock site on 7 September 2023 after concerns about demolition safety. Demolition had been stopped when asbestos was found, and a refurbishment and demolition asbestos survey later identified asbestos containing materials and debris. HSE found the contractor proceeded with demolition despite knowing asbestos was present. After a survey, instead of using a licensed asbestos removal contractor, the client appointed an unlicensed party to carry out an asbestos clear up without ensuring suitable controls to prevent exposure or spread of asbestos fibres.

What Was The Outcome?

Sohan Group Limited was fined £74,900 and ordered to pay costs of £3,658.14 and a statutory surcharge of £2,000 for breaching Regulation 5(4) of the Construction design and management Regulations 2015. Maize Metals Limited was fined £13,400 and ordered to pay costs of £1,359.51 and a statutory surcharge of £2,000 for breaching Regulation 15(2) of the same Regulations. Ali Raza Baig was sentenced to 26 weeks imprisonment suspended for two years, with an electronically monitored curfew between 19:00 and 07:00 for three months. He was disqualified from being a company director for five years, and ordered to pay costs of £5,899 and a statutory surcharge of £154.

What Lessons Can Be Learnt?

Plan demolition and refurbishment using asbestos surveys. Before starting work likely to disturb the fabric of a building, a refurbishment and demolition asbestos survey must be commissioned and acted on. Where asbestos is identified it must be left undisturbed or removed under controlled conditions by a competent contractor.

Use licensed asbestos removal arrangements. Where asbestos clear up or removal is needed, appoint a licensed and competent asbestos removal contractor. Do not replace specialist provision with an unlicensed alternative.

Appoint the right role under construction design and management rules. A principal contractor must be appointed for the project where required. Failing to set up the correct project management role undermines effective control of asbestos risks.

Do not proceed with demolition once asbestos is known. If asbestos containing materials are identified, demolition must not continue without proper planning and controls to prevent exposure and spread of fibres.

Treat asbestos risk as a serious health and safety duty. This case highlights enforcement action where asbestos risks are not properly managed. Ensure responsibilities for managing asbestos are understood and implemented across the full project team.

HSE Prosecution Link