Developer given suspended sentence for ignoring asbestos

A property developer has received a 12-month suspended sentence and ordered to carry out 200 hours of community service after failing to protect his workers from exposure to asbestos at a North Wales nightclub he was developing.

A Health and Safety Executive investigation found that Michael Murton, 36, did not identify the presence of amosite (brown asbestos) in sprayed coating at the premises in Brook Street, Wrexham. Contractors working for him were subsequently exposed to the deadly material when they began work at the site in February 2010.

The Kidderminster-based businessman pleaded guilty to charges brought against him by the Environment Agency Wales (EAW) when he appeared before Mold Magistrates Court last week.

He faced one charge under the Control of Asbestos Regulations 2006, for which he was given an eight-month suspended sentence, another under the Hazardous Waste Regulations 2005, garnering another eight-month suspended sentence and three under the Environmental Protection Act 1990, for which he was give a 12-month suspended sentence, all to run concurrently. He will also pay £10,000 in costs.

HSE inspector, Debbie John, said it was a serious, but easily avoidable incident.

"Had Mr Murton surveyed the property for the presence of asbestos prior to the start of construction work, the sprayed coating would have been identified and arrangements made for its controlled removal by an HSE-licensed contractor," she explained.

The EAW's Sally Connah, said, "There are specific rules and laws around the disposal of any waste, but specifically hazardous substances like asbestos. If we do not enforce these laws people's health and the environment can be put at risk."

To help our clients understand their obligations when dealing with asbestos, Mentor will be holding special asbestos awareness events in the Midlands. These events will be held on Tuesday 5th July, Tuesday 27th September and Tuesday 1st November (all events running from 9.30 to 12.30).

If you are a client and wish to attend, please contact your Mentor consultant. If you are not yet a client, and would like to find out how NatWest Mentor can help you with this and many other issues, please call us on 0800 634 7004 or contact us now.