The Cost of Ignoring Asbestos
In the UK, the laws surrounding asbestos are governed by the Control of Asbestos Regulations 2012. These regulations place a duty to manage any asbestos-containing material (ACM) in non-domestic premises or in the communal areas of multi-occupancy housing. The requirements include identifying ACMs, assessing their condition, and implementing measures to prevent exposure.
Failure to meet the regulations can lead to major fines, as a property maintenance firm in Manchester discovered after they failed to properly manage asbestos that was discovered while working on a derelict pub in Liverpool.
On 16 May 2022, an inspector for the Health and Safety Executive (HSE) was conducting a routine inspection of the site when they discovered that approximately 12 square meters of asbestos insulating board (AIB) had been illegally removed from the dumb waiter by unknown individuals. As a result, the inspector issued a prohibition notice that halted all work on the site until a complete asbestos survey could be carried out.
Asbestos had previously been removed from the site after a break-in at the pub was discovered by a worker, who found what appeared to be asbestos debris around the lift shaft. This debris was removed by a licensed asbestos removal contractor.
However, the management firm continued to work on the site without having completed an asbestos refurbishment survey to confirm whether all the asbestos had been removed. They later pleaded guilty to breaching Regulation 4(6) of the Control of Asbestos Regulations 2012. In the Magistrates’ Court, they were fined £5,360 and ordered to pay £5,117 in costs.
Failure to meet these regulations can apply not only to companies but also to individuals, as a site supervisor in Bristol learned after he exposed primary school pupils and staff to asbestos while renovating the kitchen facilities.
The site supervisor had been working on the premises when he cut through an insulating board with a circular saw, releasing asbestos fibres into the air and spreading them throughout the school hall. This hall was later used by both pupils and staff two days after the incident.
The investigation found that he had failed to follow clear instructions not to disturb the wall, which, following an asbestos survey, was due to be checked by a licensed asbestos contractor before removal to confirm the presence of asbestos.
After pleading guilty to breaching Section 7(a) of the Health and Safety at Work etc. Act 1974, he was fined £1,800 and ordered to pay a £720 victim surcharge and £4,000 in costs at the Magistrates’ Court on 12 June 2025, bringing the total penalty to £6,520.
With 2,000 people a year still dying of asbestos-related illnesses, the cost of not managing asbestos safely goes far beyond monetary fines. This is why everyone should be aware of their responsibilities, and in the case of building renovations, the first step should always be to have the building surveyed.
