Nottinghamshire property developer found guilty to exposing employees to asbestos
Property developer given an eight month suspended jail sentence for various asbestos related breaches
In Nottinghamshire a property developer who pleaded guilty to exposing employees to asbestos has been given an eight-month suspended prison sentence and also been ordered to pay fines and costs of £100,000.
Nottingham Crown Court was told today that James Roger Carlton, also known as Roger Stephen Parry, Aged 64, from South Leverton disregarded the presence of asbestos insulation board at the site of the former King Edward VI School on London Road, Retford. It was reported that he was fully aware the potentially dangerous material formed part of the pre-fabricated buildings on the site, but ignored advice given to him on its safe removal and proceeded with the work.
The Health and Safety Executive (HSE) visited the school and gave Mr Carlton advice on what he needed to do to comply with the relevant legislation surrounding its removal. Eight days later, on 9 March, a complaint was received by HSE from a member of the public reporting that the asbestos was not being removed properly. Mr Carlton,who was trading as Heathcliff Developments, was told to have asbestos surveys carried out and to arrange for the licensed removal of the material. A further re-visit showed that Mr Carlton did not comply with the guidelines and a Prohibition Notice was served, and further unannounced visit found them in breach of this.
Workers were found to be wearing disposable overalls and face masks but no other controls were set in place meaning that not enough was done to protect them from the risk of exposure. It was reported that dust would have contaminated their clothes and there was no water available on site to enable decontamination.
James Roger Carlton, also known as Roger Stephen Parry, of Meeting House Lane, South Leverton, pleaded guilty to single breaches of the Health and Safety at Work etc Act 1974 and Control of Asbestos Regulations 2006, and 10 breaches of the Control of Asbestos Regulations 2012 – 12 charges in total – at an earlier hearing.
He was sentenced on the the 10th July to eight months is prison, suspended for two years, for the breach of the Prohibition notice. He was also fined £55,000 and ordered to pay a further £45,000 in costs.