West Sussex Director Jailed For Negligent Asbestos Removal

A company director from Petworth has been jailed for eight months after hiring workers to remove ten tonnes of material containing asbestos, without informing them of the risk to their health.

Stephen Davies, 59, had set up Cavendish Winchester Ltd in order to refurbish a commercial unit on Winnall Close in Winchester and turn it into student accommodation. 

Upon receiving quotes for the safe removal of asbestos from the site, Davies and his co-director Neil Bolton, 56, also from Petworth, opted to save money and employ unqualified workers for the job. 

By law, asbestos should be removed by a Licensed Asbestos Removal Contractor in a safe and planned operation, which both men were aware of.

An investigation was launched when the Health and Safety Executive (HSE) received a report that a large amount of asbestos insulation board (AIB) had been removed during the refurbishment in late 2019 and early 2020.

In addition, investigators were unable to determine where the asbestos-contaminated debris ended up, thus adding potential risks to others who may have ended up handling it.

Both Stephen Davies and Neil Bolton 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.

The court heard that both directors knew of the presence of AIB as they had previously collected quotes for its proper removal. 

At Southampton Crown Court on March 27, Davies was handed an eight-month prison sentence and Bolton was given a custodial sentence of four months, suspended for 12 months, with 250 hours of unpaid work and ordered to pay costs of over £5,123. The company itself was fined £30,000 – with all three defendants pleading guilty.

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.

“The dangers to health associated with exposure to asbestos fibres are well known and a wealth of advice and guidance is freely available from HSE and other organisations.

“Structural refurbishment which either exposes or is liable to expose people to asbestos fibres should only be carried out by competent persons working to a strict plan of work to ensure safety. Higher risk asbestos removal, such as the removal of AIB, can only legally be carried out by Licenced Asbestos Removal Contractors who have the knowledge and equipment to prevent the spread of fibres and properly protect the workers undertaking the removal work.

“This work involved the removal of an estimated ten tonnes of AIB.

“The defendants then tried to cover their tracks by legitimising the removal of a small amount of residual asbestos containing materials, after illegally stripping out the majority, by obtaining a new quote for legal removal of that very small remaining portion. 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.”

Quote courtesy of HSE.