31 January Case Study in Asbestos Safety: Illegal Removal Of Asbestos Introduction Once a widely used construction material for its fire-resistant and insulating properties, asbestos is now recognised as a significant health hazard. Asbestos is now the greatest cause of work-related deaths in Great Britain. Exposure to asbestos fibres and asbestos containing materials (ACMs) can lead to severe respiratory issues and even fatal diseases. Therefore, prioritising asbestos safety is crucial, and licensed removal is a key aspect of ensuring both safety and control in handling this hazardous material. Asbestos: Licensable work In order to protect workers and the public from the potential health risks, The Control of Asbestos Regulations 2012 sets out specific requirements for the management and removal of asbestos-containing materials (ACMs). Most higher-risk work with asbestos must be carried out by a licensed contractor. The employer of anyone whose work might involve asbestos is responsible for deciding if the work requires a licensed contractor. This system is in place to reduce risk to employees and the wider public, by ensuring high-risk work is only undertaken by individuals or companies who have demonstrated the necessary competence, training, and resources to safely handle and dispose of asbestos. Additionally, the licensing system allows regulatory authorities to monitor and enforce compliance with safety standards in asbestos removal projects. Case Study: Illegal Removal Of Asbestos In this case study, we will look at a recent prosecution. A Hartlepool man was recently (January 2024) handed a community order after admitting to carrying out the removal of asbestos from a school premises, despite not being licensed to undertake this work. In March 2021, Sean Thomas Faulkner intentionally falsified clearance paperwork after removing asbestos containing materials from Our Lady Lourdes School in Shotton Collery. It was also found that he undertook similar work several months earlier (November 2020) at a domestic property in Middlesbrough. During the case, Teesside Magistrates’ Court heard that Faulkner failed to hold a licence to safely remove asbestos. He also failed to ensure a four-stage clearance was carried out on both jobs by a person accredited by an appropriate body, posing serious risk. The HSE inquiry determined that Faulkner had previously received appropriate training in the safe removal of licensed asbestos, indicating he possessed a clear understanding of the legal obligation to hold a license before undertaking such work. Faulkner pleaded guilty to a total of six charges (three at each location), including contraventions of Regulations 8(1) and 20(3) of the Control of Asbestos Regulations 2012, and breaching Section 33 (1)(m) of the Health and Safety at Work etc. Act 1974. He was given an 18-month community order, which consists of 15 days of rehabilitation, 90 days of monitored alcohol abstinence as well as him carrying out 150 hours of unpaid work. He will also pay costs of £1000. Reflecting on the case, HSE inspector Stuart Whitesmith stated: “Asbestos related disease still kills around 5,000 workers each year in Great Britain. It can be present today in any building or industrial process plant built or refurbished before the year 2000. In this case Mr Faulkner intentionally falsified paperwork necessary to ensure the safety of both workers, other staff and vulnerable members of public. We will not hesitate to take action where individuals disregard health and safety law such as can be seen in this case.” You can read more about the case on the HSE’s website. How Can We Help Get in touch if you are an employer or contractor who is unsure of their duties and responsibilities and looking for support. Book in-person Asbestos Awareness training for yourself or your team. This is essential for anyone working in the construction and refurbishment industry. Our half-day Asbestos Awareness Training course is suitable for anybody that is liable to disturb asbestos during their normal work, such as construction workers, plumbers, electricians, joiners, demolition workers and many others. Our online training can help you meet your responsibilities. Enrol on our Asbestos Awareness e-learning. Contact the office to find out more.