Marks and Spencer Fined £1m for Breach of Asbestos Rules

Following a sentencing hearing in Bournemouth Crown Court on 27 September 2011, Marks and Spencer plc and its contractors were fined significant sums for asbestos management offences.

The convictions follow the carrying out of refurbishment works at M & S’s Reading and Bournemouth stores. M & S was fined £1m for breaches of the Health and Safety at Work etc Act 1974 and ordered to pay costs of £600,000. Two of the contractors were fined £100,000 and £50,000 for breaches of the 1974 Act and ordered to pay costs of £40,00O and £75,000 respectively. The third contractor got off more lightly, being fined £200 under the Control of Asbestos at Work Regulations 2002 for failing to minimise the spread of asbestos.

This case is a sharp reminder that the asbestos regulations must be taken seriously. Nor is it an isolated example. In another recent case, a company and one of its directors pleaded guilty in the Eastbourne Magistrates' Court to various offences under the asbestos and waste management regulations. The Court fined the company and its director a total of £36,000 and ordered them to pay £4,000 costs. It also ordered them to pay £4,000 compensation to the owner of the premises where the offence occurred and disqualified the director from acting as a company director for four years.

Finally, it should be noted that, notwithstanding the Coalition Government’s much vaunted deregulation drive, contractors’ responsibilities in this area are set to become more onerous. In February 2011, the European Commission issued a reasoned opinion that the UK had not fully implemented Directive 83/477/EEC on the protection of workers from the risks to exposure from asbestos at work. This has been accepted by the Government and in September the Health and Safety Executive issued a consultation on the proposed introduction of revised regulations.

The Consultation Paper can be found here

If you would like to know more about how you can stay on the right side of the law, please contact Caroline Wilton

Filed: 13/10/2011 14:47:44