Dover Man guilty of asbestos removal

Nicholas Flyn (age 50) of Wildred Road, Dover pleaded guilty to four breaches of Asbestos Regulations at Canterbury Magistrate’s Court on Tuesday 5 May 2015.

Between 27 April and 1 May 2013, the self-employed handyman carried out a job at a house in Shepherdswell, Kent, where he unsafely removed asbestos, potentially exposing a family of six, including four children between the ages of five and 14.

Nicholas Flyn pleaded guilty to breaching The Control of Asbestos Regulations 2012 Regulations 5(1), 8(1), 11(1)(a) and 16.

He was ordered to complete 250 hours of community service and pay £2,000 towards costs for uncontrolled asbestos removal from a rented domestic property.


Cheshire firm in court after workers potentially exposed to asbestos

A laboratory design and installation specialist has been fined after exposing workers, pupils and teachers to asbestos material at a school in Suffolk.

The incident in July 2012 occurred during refurbishment work to modernise parts of Newmarket College School’s Science block. During the work, managed by Labform Ltd, sub-contractors disturbed asbestos as they were removing a wall and channelling the floor.

The Cheshire firm was prosecuted at Ipswich Magistrates Court on Tuesday 12 May, after an investigation found that the company had not arranged for a detailed Refurbishment and Demolition Asbestos Survey to be undertaken, as was required.

Labform Ltd, of Lymm, Cheshire, was fined £22,400 and ordered to pay £11,741 in costs after pleading guilty to four breaches of the Control of Asbestos Regulations 2012.

Speaking after the hearing, HSE Inspector David King said:

“Exposure to asbestos fibres is a serious and well known health risk, so it is essential that duty-holders take suitable and sufficient measures to prevent the disturbance, spread and exposure to asbestos.

“Failing to take action to identify asbestos while planning work, and to ensure that any contractors who may disturb asbestos are aware of the location and type of asbestos present, and not taking appropriate measures to protect the health of others, is totally inexcusable.”

Regulation 5(1) of the Control of Asbestos Regulations 2012 states: “An employer must not undertake work in demolition, maintenance or any other work which exposes or is liable to expose employees of that employer to asbestos in respect of any premises unless that employer has carried out a suitable and sufficient assessment as to whether asbestos, what type of asbestos, contained in what material and in what condition is present or is liable to be present in those premises.”

Regulation 11(1)(a) of the Control of Asbestos Regulations 2012 states: “Every employer must prevent the exposure to asbestos of any employee employed by that employer so far as is reasonably practical.”

Regulation 16 of the Control of Asbestos Regulations 2012 states: “Every employer must prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably practicable the spread of asbestos from any place where work under the employer’s control is carried out.”