Restaurant owner was fined after asbestos was disturbed
In July 2019, a restaurant owner was fined after asbestos was disturbed during the conversion of rooms above the restaurant into flats in Essex.
Chelmsford Magistrates’ Court heard that during September 2016, above the Marco Polo restaurant on Lower Southend Road, Wickford, asbestos insulation board was removed and broken up which resulted in workers being exposed to asbestos fibres. An asbestos survey was only carried out after the asbestos had been disturbed.
An investigation by the Health and Safety Executive (HSE) found that a management asbestos survey and a refurbishment and demolition asbestos survey had not been completed prior to the work starting, and the work had not been completed by a licenced asbestos contractor.
Faruk Kamali of Lower Southend Road, Wickford, Essex pleaded guilty to breaching Regulation 4(3) of the Control of Asbestos Regulations 2012 and was fined £3,000 and ordered to pay full costs of £6,293.
Prior to having any work carried out the owner had a legal duty to have a refurbishment asbestos survey carried out. If he had done this the asbestos would have been found and dealt with appropriately. He would have avoided the prosecution, costs and the resulting delays to the work. Graph Contract Services carry out refurbishment asbestos surveys in Essex.
