Hotel demolition exposes workers to asbestos

Home » News & Knowledge » Director fined after hotel demolition exposes workers to asbestos

A company director has been fined after workers were exposed to asbestos during the demolition of a hotel in Cornwall.

Mr. Paul Stephens, director of the now-liquidated Stephens and Stephens Developers Limited, was fined more than £60,000 as a result of failures at the former Cliffdene Hotel in Newquay in 2020.

The hotel had closed in 2018 and was part of a redevelopment plan to build residential apartments on the site.

Hotel demolition exposes workers

However, an investigation by the Health and Safety Executive (HSE) into the control of asbestos at the site came after the hotel had been almost entirely demolished in August 2020. The company had overall control over the assessment and removal of all asbestos-containing materials (ACMs) on site.

However, further enquiries revealed the presence of extensive asbestos debris, a sign that significant spreading had occurred and that those actions taken to control exposure had been inadequate. Stephens was charged with failure to take reasonably practicable steps to contain the spread of asbestos.

Paul Stephens of Bar Meadows, Malpas, Truro, Cornwall pleaded guilty to breaching regulations 16 of the Control of Asbestos Regulations 2012 by Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £65,813 and ordered to pay costs of £26,116 at Truro Crown Court on 24 April 2024.

Speaking after the hearing HSE principal inspector Georgina Symons said:

“The hotel was not in a state of disrepair and presented no structural danger, so there is no reason why the removal of ACMs could not be done ahead of its demolition.

“Identification of the hazard is key. No asbestos removal should happen if there is a risk of exposing workers to it. There needs to be a sufficient assessment as to the presence, location and condition of asbestos at all premises.

“Those tasked with undertaking the assessment should have the necessary skills, knowledge and experience to undertake this work.”

This prosecution was brought by HSE enforcement lawyer Matt Reynolds.

The HSE issues guidance on how asbestos should be handled, removed, demolished and how to keep workers safe.

Asbestos – Why is it dangerous?

According to HSE, asbestos exposure is the greatest cause of work-related deaths in Great Britain, and around 5000 people die every year from asbestos-related diseases.

However, these diseases typically take decades to develop, which means they can take years to be diagnosed, and they cannot be cured.

HSE explains that when asbestos is left alone and in good condition, the risk of danger is low. However, once asbestos is disturbed, fibres can be released and if they are breathed in, they can cause fatal diseases such as lung disease and cancer.

You cannot see, smell or feel the asbestos fibres in the air or on your clothes, so you do not know asbestos is there.

What is asbestos?

Asbestos is a naturally occurring material that is present in soil and rock and was often used in construction and building up until the 1990s. However, it was later found that asbestos exposure can cause fatal lung conditions such as mesothelioma, which led to its ban.

Asbestos comes from mines across the world including Russia, Kazakhstan, Brazil and China. The naturally occurring mineral is made up of heat-resistant fibres and there are three main types commonly found in the UK – brown, white and blue.

Between the 1930s and the 1980s, it was mixed into cement, roofing felt, texture walls, ceiling coverings and floor tiles, and used on roofs, gutters and window seals and to lag or insulate boilers and pipes.

There are many buildings still standing today which contain asbestos and could pose a health risk if the material is disturbed.

What does asbestos look like?

Asbestos can have different appearances depending on how it’s used and its form.

Raw Asbestos

In its raw form, asbestos often looks like a fibrous mineral with a whitish, greyish, or bluish-green colour. It can appear as thin, needle-like fibres or as bundles of fibres.

Asbestos-containing Materials (ACMs)

Asbestos was commonly used in various building materials, so it might be found in different forms such as:

Asbestos cement: This material, often used in roofing, siding, and pipes, may look like ordinary cement but with fibres embedded in it.
Asbestos insulation: In buildings, asbestos insulation might appear as fluffy or fibrous material inside walls, ceilings, or around pipes.
Asbestos tiles: Asbestos-containing floor tiles can resemble vinyl tiles but may have a distinctive fibrous appearance on closer inspection.
Asbestos cloth or fabric: This might look like regular cloth but with a fibrous texture. It was commonly used in protective clothing and insulation.

When was asbestos banned in the UK?

Asbestos was fully banned in the UK in November 1999. This was when it was made illegal to buy, sell, import or export any asbestos-containing materials.

However, the import and use of blue (Crocidolite) and brown (Amosite) asbestos was banned in the UK more than a decade before in 1985. All six types of asbestos can be deadly if you are exposed.

Asbestos disposal

Asbestos is hazardous when disturbed, as it releases microscopic fibres into the air that can be inhaled and cause serious health issues, including lung cancer and mesothelioma. Therefore, it’s crucial to handle any suspected asbestos-containing materials with caution and seek professional assistance for proper identification and safe removal.

The Health and Safety Executive issues guidance on asbestos regulations, including when you need to use a licensed specially trained contractor to remove the hazardous material.

Symptoms of asbestos exposure

According to the NHS, symptoms of asbestos exposure include the following:

Shortness of breath
Persistent cough
Wheezing
Extreme tiredness (fatigue)
Pain in your chest or shoulder
In more advanced cases, clubbed (swollen) fingertips

However, it can take 20 to 30 years after being exposed to asbestos before symptoms appear, and sometimes there are no symptoms.

How 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.

Asbestos guidance

The HSE website issues guidance on how to handle asbestos.

Director fined after hotel demolition exposes workers to asbestos