Two companies and site manager prosecuted following large-scale asbestos disturbance at Staffordshire site
Two Midlands companies and a site manager have been sentenced after demolition work at a Staffordshire site was halted when asbestos was discovered.
Sohan Group Limited, Maize Metals Limited and Ali Raza Baig were all sentenced at Birmingham Magistrates Court on March 6 after a largescale asbestos disturbance and illegal clearance operation was carried out at a Cannock demolition site, putting workers and members of the public at risk of exposure to the deadly carcinogen.
The court had heard from the Health and Safety Executive (HSE) that, following concerns about unsafe demolition work, an HSE inspector visited a site at Greenheath Road, Cannock on September 7, 2023.
The inspector found that demolition had been halted after asbestos was discovered on site, with a subsequent refurbishment and demolition asbestos survey identifying 218m² of asbestos-containing materials and debris.
The investigation established that Sohan Group Limited, the client for the project, had commissioned an asbestos management survey before work began, which identified some asbestos-containing materials within the building.
This survey was shared with the demolition contractor, Maize Metals Limited, who proceeded with the demolition work despite being aware of the asbestos present.
It also found that Sohan Group Limited had not appointed a principal contractor to manage the construction project, as required under the Construction (Design and Management) Regulations 2015.
Following the refurbishment and demolition survey, the company obtained a quote for removal by a licensed asbestos removal contractor, but instead appointed Disa Properties Limited, represented by Ali Raza Baig, to carry out the asbestos clear-up.
Neither the company nor Mr Baig held the necessary licence or competence to work with asbestos and Mr Baig had failed to engage a licensed contractor and failed to ensure appropriate measures were in place to prevent exposure to, and spread of, harmful asbestos fibres.
HSE guidance on managing and working with asbestos states that, under the Control of Asbestos Regulations 2012, employers must commission a refurbishment and demolition asbestos survey before starting any work likely to disturb the fabric of a building constructed before 2000.
Any asbestos-containing materials identified must either be left undisturbed or removed by a competent, and in many cases HSE-licensed, contractor under controlled conditions.
At Birmingham Magistrates' Court, Sohan Group Limited, of Sneyd Lane, Essington, Wolverhampton, pleaded guilty to breaching Regulation 5(4) of the Construction (Design and Management) Regulations 2015 and was fined £74,900 and ordered to pay costs of £3,658.14 and a statutory surcharge of £2,000.
Maize Metals Limited, of Pikehelve Street, Hill Top, West Bromwich, pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015 and was fined £13,400 and ordered to pay costs of £1,359.51 and a statutory surcharge of £2,000.
Finally, Baig, of Alton Close, Amington, Staffordshire, pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015 by virtue of Section 37 of the Health and Safety at Work etc. Act 1974.
He was sentenced to 26 weeks' imprisonment, suspended for two years, and made subject to an electronically monitored curfew between 7pm and 7am for three months.
A director disqualification order was made under Section 2(1) of the Company Directors Disqualification Act 1986 for five years from March 6 and Baig was warned that breach of the order is a criminal offence carrying a maximum sentence of two years' imprisonment.
He was ordered to pay costs of £5,899 and a statutory surcharge of £154.
HSE Inspector Rob Gidman said: "Asbestos is a Class 1 carcinogen which is known to kill around 20 tradespeople each week due to past exposure.
"By failing to ensure the demolition was properly planned and managed, considering the presence of asbestos on site, these companies and Mr Baig put workers and members of the public at risk of being exposed to a substance known to cause fatal lung disease.
"This case should serve as a reminder to those engaged in demolition and refurbishment work that they have responsibilities when it comes to managing the risks associated with asbestos."
This prosecution was brought by HSE enforcement lawyer Gemma Zakrzewski and paralegal officer Stephen Grabe.
