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Developer fined for not securing construction site

Asbestos HazardA partner in a Kent based development company, Allan Smith, has been prosecuted for ‘cutting corners’.

Allan Smith has been prosecuted after dangerous conditions were found on a demolition project in Dover; he had failed to carry out an asbestos assessment and did not secure the site.

Children were not prevented from accessing the site where asbestos may have been present.

The Canterbury Magistrates heard that in April of 2010 a former public house was purchased for development. Mr. Smith from ATS Developments was the principal contractor to demolish the building.

The Health and Safety Executive received a complaint when an inspector visited in October 2010. According to the inspector there were children playing on the site whilst the building was partially demolished and the site unfenced.

A public footpath also ran across the land.

HSE investigations found that there had been no asbestos survey undertaken prior to demolition and this remained the case even after the HSE sent a letter to the partners stating that, a survey needed to be carried out.

On the 8th of October 2010 an Improvement Notice was served about the site security.

This failure to follow the correct guidelines about risks to workers and the public is caused by ‘cutting corner’.

Allan Smith, of Deal, Kent, pleaded guilty to Regulation 5 of the Control of Asbestos Regulations 2006 and Regulation 27(2) of the Construction (Design and Management) Regulations 2007. He was fined £7,000 and ordered to pay costs of £7,000.

Caroline Penwill, a HSE Inspector, spoke after the hearing:

“Mr Smith did not think about the risks he may have exposed his workers and members of the public to by cutting corners.

Before anyone undertakes any demolition works they must consider whether asbestos is present and take precautionary steps such as carrying out an asbestos survey.

The site was also very unsecure and exposed local children to the hazards of a building site. What makes this case all the more disappointing is that Mr. Smith continued to work after the HSE advised him to undertake an asbestos survey.”

Asbestos Industry News is the online voice for UK Asbestos News. The site covers information about asbestos management, asbestos surveying, asbestos removal, asbestos recruitment, asbestos claims, asbestos waste, asbestos legislation, asbestos inspection, asbestos related disease, asbestos training and much more. Visit www.asbestosindustrynews.co.uk, and subscribe to the RSS feed. or Subscribe to Asbestos Industry News by Email

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February 2, 2012 3:18 pm - Posted by Asbestos News

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