A company director has been jailed for eight months after failing to protect workers from exposure to asbestos at a student development project in Winchester.
Stephen Davies, 59, had set up Cavendish Winchester Ltd with the sole purpose of refurbishing the Winnall Close commercial unit into student rental accommodation.
His co-director Neil Bolton, 56, was spared an immediate spell behind bars when he was handed a four-month suspended sentence at Southampton Crown Court on 27 March 2024. The company itself was fined £30,000 – with all three defendants pleading guilty.
An investigation by the Health and Safety Executive (HSE) revealed the company removed an estimated ten tonnes of asbestos insulating board (AIB) during the refurbishment in late 2019 and early 2020. The dangerous materials were stripped out by workers unqualified to do the job and unaware of the risks to their health.
The investigation arose when HSE received a concern that large quantities of AIB had been illegally removed. The work was all carried out under the direction of Stephen Davies.
The court was told both directors were aware of the considerable extent and quantity of the materials containing asbestos within the building, as they had previously sought legitimate quotes for its competent removal.
However, they chose to save a considerable sum of money by avoiding properly planned, safe removal, by a Licenced Asbestos Removal Contractor. They knowingly exposed workers to significant risk to their health.
In addition, the investigation was unable to determine where a very sizeable quantity of asbestos-contaminated debris ended up, such that others in the waste removal chain were likely to have been put at risk too.
All three defendants pleaded guilty to charges relating to a lack of adequate management of the removal of asbestos containing materials.
Both Stephen Davies and Neil Bolton pleaded guilty to Section 37 of the Health and Safety at Work etc Act 1974, by causing their company, The Cavendish Winchester Ltd, to breach Section 4(1) of the Act.
- Davies, of Petworth, West Sussex was given an immediate custodial sentence of 8 months in prison.
- Bolton, of Petworth, West Sussex was given a custodial sentence of four months, suspended for 12 month, with 250 hours of unpaid work and ordered to pay costs of over £5,123.
- The Cavendish Winchester Ltd, of Newtown House, Liphook, was fined £30,000.00.
Speaking after the hearing, HSE principal inspector Steve Hull said:
“We brought this case because, despite the directors of this company being put on notice of the risks involved, they put profit before the health of those they employed.
“The dangers to health associated with exposure to asbestos fibres are well known and a wealth of advice and guidance is freely available from HSE and other organisations.
“Structural refurbishment which either exposes or is liable to expose people to asbestos fibres should only be carried out by competent persons working to a strict plan of work to ensure safety.
“Higher risk asbestos removal, such as the removal of AIB, can only legally be carried out by Licenced Asbestos Removal Contractors who have the knowledge and equipment to prevent the spread of fibres and properly protect the workers undertaking the removal work.
“This work involved the removal of an estimated ten tonnes of AIB.
“The defendants then tried to cover their tracks by legitimising the removal of a small amount of residual asbestos containing materials, after illegally stripping out the majority, by obtaining a new quote for legal removal of that very small remaining portion.
“This deliberate attempt to save money, when they knew full well that the workers would have to live with the possibility of developing serious asbestos-related disease in the future, makes the case particularly serious.”
This case was brought by HSE enforcement lawyer Kate Harney, who was supported by Paralegal Officer Helen Jacob.
Asbestos – What can it cause?
Asbestos exposure can lead to life-altering and sometimes fatal conditions including asbestosis and Mesothelioma.
Mesothelioma is a type of asbestos related cancer affecting the pleura (lining of the lung) but can also be found in the lining of the abdominal cavity (peritoneal) or the lining around the heart (pericardial).
Other types of asbestos related cancers and illnesses are disorders of the lungs caused by exposure to and inhalation of asbestos fibres.
These conditions usually develop many years or decades after exposure to asbestos.
Symptoms of asbestos-related illness
- Shortness of breath and difficulty breathing
- Chest pain
- Cough and wheeze
- Extreme tiredness
- Unexplained weight loss
- Abdominal pain and swelling (in the case of peritoneal mesothelioma).
Other types of asbestos-related cancers and illnesses can also cause similar symptoms to that of mesothelioma and can sometimes spread to other parts of the body.
Sometimes, symptoms exposure do not develop until years or even decades after the asbestos-exposure.
Asbestos exposure at work – What is the law?
As well as common law duty to ensure a safe place of work and a safe system of work, your employer will have a number of duties set down by statute. This means that if you have suffered after being exposed to asbestos at work, you might be entitled to compensation.
Employers must follow the following regulations to keep workers safe:
Health and Safety at Work Act 1974
- Employers have a duty so far as is reasonably practicable to ensure the safety and welfare of their employees.
Management of Health and Safety at Work Regulations 1999
- Duty to undertake a reasonable risk assessment (Reg. 3)
- Requirement to undertake a health surveillance (Reg. 6)
Personal Protective Equipment at Work Regulations 1992
- Ensure that suitable personal equipment is provided (Reg. 4)
- Ensure an assessment of any personal protective equipment is undertaken to determine whether it is suitable.
Control of Substances Hazardous to Health 2002
- Required to assess health risk where work is liable to expose employees to substances hazardous to health (Reg. 6)
- Ensure exposure to substances hazardous to health is either prevented, or where not reasonably practicable, adequately controlled (Reg. 7)
- Ensure any employee exposed to substances hazardous to health are monitored and under suitable health surveillance (Reg. 11)
Asbestos at work – When to make a claim
If you have read the above and feel that you may be suffering from any of the symptoms whilst exposed to substances at work, call Oakwood Solicitors to speak to a member of our dedicated Industrial Disease team.
In order to run the majority of personal injury claims, you have to have started the claim within three years of the injury. However, with industrial disease claims it may be that the injury started over a period of time and was only diagnosed within the last three years.
For more information on how and when to make a claim, visit the Oakwood Solicitors website.
Further reading
Mesothelioma claims – Oakwood Solicitors
Respiratory disease claims – Oakwood Solicitors
Calls for government to change asbestos safety regulations – Oakwood Solicitors
WHAT TO DO NEXT
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Liam Hill is a Solicitor and Deputy Head of the Industrial Disease Team, having trained and qualified at Oakwood Solicitors. Liam joined us in 2013 after successfully completing the Legal Practice C…
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