Director knowingly exposed workers to asbestos

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Workers at a building supply store in Manchester were knowingly exposed to more than 100 square metres of asbestos after the company director failed to have it removed safely.

HSE attended the premises on Talbot Road in April 2019 after concerns were initially raised over workers unsafely working at height during the demolition of a number of units and construction of eight new residential houses.

Director knowingly exposed workers

However, when inspectors visited Eye Track Limited’s site in Stretford, Manchester, they found a significant amount of uncontrolled spread of asbestos-containing materials around the premises.

According to HSE, most of the debris was associated with the breakage of asbestos-containing roof sheets from the demolished units, and one unit taken down was estimated to contain 100 square metres of asbestos insulation board.

A subsequent HSE investigation found the asbestos removal work was carried out under the direct control and instruction of Eye Track Limited director Selcuk Pinarbasi, who was fully aware of the potential dangers of asbestos.

Prior to the high-risk demolition, Mr Pinarbasi had instructed a suitably qualified asbestos surveyor to carry out an asbestos survey which had identified in detail the presence of both licensed and unlicensed materials throughout the site.

This highlights that Mr Pinarbasi was fully aware of the risks the site posed but continued to put his workers at risk.

HSE inspector Phil Redman said:

“This case highlights how such behaviour will not be tolerated under any circumstances. Lives were deliberately put at risk as profits were prioritised over safety during the uncontrolled demolition and removal of asbestos-containing materials.

“Eye Track Limited and its director showed a total disregard for the health, safety and welfare of workers working under their control.”

This week, the company and Mr Pinarbasi were fined and sentenced in court.

Eye Track Limited, of Talbot Road, Stretford, Manchester, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £20,000 and ordered to pay £18,783.61 in costs at Manchester Crown Court on 25 April 2024.

At the same hearing. Selcuk Pinarbasi, of Bankhall Lane, Hale, Greater Manchester, pleaded guilty to breaching Section 3(1) and Section 33(1)(g), by virtue of Section 37(1), of the Health and Safety at Work etc. Act 1974.

He received a custodial sentence of 20 weeks, suspended for 12 months. He was also fined £75,000 and ordered to pay costs of £18,783.61.

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.

Asbestos risks to be aware of

If you disturb or touch asbestos, you and those around you could be at risk of developing a serious illness. Disturbed asbestos can cause those close by to breathe in the fibres and particles, the risk of developing diseases including mesothelioma, asbestosis, asbestos-related lung cancer and pleural thickening

Asbestos-related illnesses usually develop over a period of time due to prolonged exposure, but asbestos is hard to identify (with fibres about 10 times smaller than the width of a human hair), it is highly likely that these particles will remain in your home if you do attempt to remove it yourself.

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, grayish, or bluish-green colour. It can appear as thin, needle-like fibers or as bundles of fibers.

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 fibers 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.

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.

Company fined after director knowingly exposed workers to asbestos