Stephen Davies had set up the company with the sole purpose of refurbishing the Winnall Close commercial unit into student rental accommodation.
The company itself was fined £30,000 — with all three defendants pleading guilty.
An investigation by the HSE revealed the company removed an estimated ten tonnes of asbestos insulating board (AIB) during the refurbishment in late 2019 and early 2020.
The dangerous materials were stripped out by workers unqualified to do the job and unaware of the risks to their health.
The investigation arose when HSE received a concern that large quantities of AIB had been illegally removed, with the work all carried out under the direction of Stephen Davies.
The court was told both directors were aware of the considerable extent and quantity of the materials containing asbestos within the building, as they had previously sought legitimate quotes for its competent removal.
However, they chose to save a considerable sum of money by avoiding properly planned, safe removal, by a licenced asbestos removal contractor.
They knowingly exposed workers to significant risk to their health.
- The Finance Professional Show 2023: The Video
- Housebuilding optimism increases in Q1 2024
- Corporate finance documents: What to watch out for
In addition, the investigation was unable to determine where a very sizeable quantity of asbestos-contaminated debris ended up, such that others in the waste removal chain were likely to have been put at risk too.
All three defendants pleaded guilty to charges relating to a lack of adequate management of the removal of asbestos containing materials.
Both Davies and Neil Bolton, the co-director of the company, pleaded guilty to Section 37 of the Health and Safety at Work etc Act 1974, by causing their company, The Cavendish Winchester Ltd, to breach Section 4(1) of the Act.
Bolton was spared an immediate spell behind bars when he was handed a four-month suspended sentence at Southampton Crown Court on 27th March 2024, in addition to a 12-month suspension and ordered to pay costs of over £5,123.
Speaking after the hearing, HSE principal inspector Steve Hull said: “We brought this case because, despite the directors of this company being put on notice of the risks involved, they put profit before the health of those they employed.
“This deliberate attempt to save money, when they knew full well that the workers would have to live with the possibility of developing serious asbestos-related disease in the future, makes the case particularly serious.”
Leave a comment