Brisbane company fined for failing to notice asbestos before demolition

Brisbane company fined for failing to notice asbestos before demolition

A Brisbane demolition company has received a $6,000 fine for failing to ensure the health and safety of its employees while they were working, pleading guilty to the offence in the Redcliffe Magistrates Court.

It was heard in court that a development company engaged Northside Demolitions to demolish three residential properties adjacent to each other in Scarborough. The properties are close to a popular playground and dining precinct.

The three houses were built prior to 1990 and testing confirmed that the buildings contained asbestos fires in the ceilings, soffits and wall sheeting. Northside quoted $49,750 for the demolition work, which included the removal of asbestos-containing material.

Within a month, Northside had been engaged to perform the demolition work, during which they subcontracted the asbestos removal portion of the work to a licensed asbestos removal company in two of the properties.

However, the third property contained ACM which the defendant failed to identify, and in December, demolished the home using an excavator. Workers scraped the demolition rubble into piles, and ACM was visible, including wall sheeting.

The following day, when work resumed on an adjacent property, a neighbour alerted Workplace Health and Safety Queensland. The same day, a WHSQ inspector attended the site and took samples from the property that had ACM still present. Of the eleven samples, ten contained chrysolite asbestos and two contained amosite asbestos.

Two days later, WHSQ issued the defendant with an Improvement Notice, requiring them to remediate and decontaminate the property where asbestos was detected. The defendant complied and was issued with a clearance certificate for the property.

Magistrate Mark Bucknall noted the risks of asbestos exposure were well-known. Particularly, he noted that it was concerning that the operator, who was experienced in the field of demolition, had not made the relevant enquiries to ensure the property was free of ACM, which they had done on the other two properties.

Magistrate Bucknall explained that the exposure to the public, considering the proximity to children play areas and a hospitality strip, should have been of concern.

He took into account an early guilty plea, the defendant’s co-operation with the investigation, compliance with the notices issued and the remediation of the site. He also noted a lack of previous convictions, which significant in light of the business’ 40-year history.

Northside Demolitions was fined $6000, plus court and testing costs of just over $2000. No conviction was recorded.

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