A company director has recently been jailed and another director given a suspended sentence for failing to protect workers from asbestos.
Stephen Davies and Neil Bolton had set up a company, Cavendish Winchester Ltd, to work on the refurbishment of Winnall Close in Winchester, turning it from a commercial unit into student accommodation in late 2019 and early 2020.
Asbestos stripped by unqualified workers
It is estimated that around ten tonnes of asbestos insulating board (AIB) was stripped out of the unit. This work was done by unqualified workers who were unaware of the risks of asbestos and was done under orders of Mr Davies.
The Health & Safety Executive (HSE) received information about the AIB being illegally removed and began an investigation.
Asbestos risk known by directors
The HSE found that both directors of the company knew about the risk of asbestos and the extent of the materials in the property as they had obtained quotes for its safe and legal removal. Unfortunately, they chose to save money and knowingly expose workers to asbestos and the risk of asbestos-related conditions later in life.
On top of the risk to life of the workers, the HSE was unable to determine where the removed asbestos went, and it is likely that further people were put at risk in the disposal of the debris.
Guilty
Both directors, and the company itself, pleaded guilty to the charges. Mr Davies was sentenced to 8 months in prison, Mr Bolton was given a suspended sentence of 4 months, 250 hours of unpaid work and ordered to pay costs in excess of £5,000, and the company was fined £30,000.
Following the hearing, Steve Hull, HSE principal inspector commented; “We brought this case because, despite the directors of the company being put on notice of the risks involved, they put profit before the health of those they employed.”
We are pleased to see the HSE and the Court taking this case so seriously. Perhaps if the directors had known the consequences, they would have thought twice before putting their workers at risk.
A lifetime of waiting
Unfortunately for the workers, they now face a lifetime of waiting to see whether they will be affected by their exposure to asbestos. There is a latency period of between 10 and 50 years from exposure to asbestos to symptoms of an asbestos-related condition starting.
Recent exposure to asbestos
You cannot make a claim for recent exposure to asbestos, it is only when you are diagnosed with an asbestos-related condition such as mesothelioma, asbestosis or pleural thickening, that a civil compensation claim can be made. However, we would advise anyone who has suffered recent exposure to asbestos at work to secure the evidence now:
- Get details of the employer’s or third party insurer, including the insurance company and policy number
- Write down details of how you were exposed to asbestos
- Report any exposure to the company and the HSE
- Get details of any witnesses and take brief statements from them, detailing how, where and why you were exposed to asbestos
- Tell your GP about the exposure, so that there is a contemporaneous record
How can we help?
If you have been diagnosed with mesothelioma or any other asbestos-related condition, we can help. Contact us today on our freephone number 0800 038 6767. Alternatively, head over to the ‘Contact Us’ page, complete the form and we will be in touch.