library
Asbestos – are you in control?
24 October 2011
Marks and Spencer plc was fined £1 million and ordered to pay £600,000 of costs for offences relating to asbestos removal in the refurbishment of its Reading and Bournemouth stores at the end of last month. The fine came after a successful prosecution by the Health and Safety Executive for offences relating to breach of the standards under legislation and codes of practice that regulate asbestos in commercial properties. Marks and Spencer’s contractors were also fined significant sums by the court.
Asbestos can be a real issue in older properties and can be costly and time consuming to deal with, if it is present. Marks and Spencer plc was fined because, amongst other things, it had not allocated sufficient time and space for the removal of asbestos containing materials at its Reading store.
Both the Health and Safety at Work etc. Act 1974 and the Control of Asbestos Regulations 2006 impose various duties on people, who either have obligations as employers or who have obligations under contracts or tenancies to maintain or repair or have control over commercial property. The duties affect employers, freehold owners, landlords and tenants and, in certain circumstances, licensees and managing agents, so it is important that you are aware of your duties and what steps you may need to take to comply with them.
The level of fines imposed by the court in the Marks and Spencer case indicates the significance the courts place on asbestos and how it is handled and managed in the workplace.
If you are an employer that occupies commercial property or you are looking at taking on a new commercial property or buy a business that rents a commercial property and want to know more about your duties and the potential risks and pitfalls in this area, please speak to a member of our Business Services team, for a non-obligatory discussion.
Nick Ball, solicitor – Business Services
