UK company director receives suspended sentence, fines total £100,000 over asbestos failings

UK company director receives suspended sentence, fines total £100,000 over asbestos failings

A United Kingdom company director and two related engineering firms, who all failed to manage the risks of asbestos to employees appropriately, have been ordered to pay more than £100,000 for the failings.

Peter Parkes, the director of Kespar Engineering Ltd and SDF Automotive, was the PCBU and business, respectively.

It was heard in Kidderminster Magistrates Court that a large quantity of asbestos-containing materials was identified during a Health and Safety Executive inspection at Kespar Engineering factory premises in 2019.

The subsequent investigation by the HSE found that all defendants had failed to manage the risks from asbestos at the premises, including failing to carry out appropriate risk assessments for the risk to the health and safety of employees.

The defendants were aware of the presence of asbestos and had previously implemented asbestos management plans. However, the plans were not reviewed or updated, the asbestos on site, in terms of its position and condition, was not monitored, and there was not adequate consideration or control of asbestos-containing materials at the site.

Kespar Engineering Ltd was fined £51,000 and ordered to pay costs of £30,000 after pleading guilty to offences under the Control of Asbestos Regulations 2012.

Parkes, of Morville, near Bridgnorth, pleaded guilty to several offences under Section 37 of the Health and Safety at Work Act, pertaining to individual failings as the director. He was given a 12-month suspended prison sentence, fined £9,000 and ordered to pay costs of £14,000.

Speaking after the hearing, HSE inspector Sarah Reilly, said: “It is important that all duty holders including company directors recognise the importance of actively managing asbestos-containing materials in non-domestic premises and ensure that the potential risk to health posed by the materials is controlled.

“Health and safety law places duties on organisations and employers – directors can be personally liable and held to account when these duties are breached.”

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