Ben Thomas secures £400,000 fine for Builders’ merchant over asbestos breaches

The Defendant company pleaded guilty to an offence of failing to discharge a duty under the Health and Safety at Work Act 1974, specifically that they had failed in their duty to manage asbestos at Jewson store in North Ormsesby.

The Defendant had arranged for asbestos surveys to be conducted in December 2004, February 2011, April 2014, and April 2018 in respect of the premises. All these surveys identified that there were damaged asbestos boards on the premises and that work was required to reduce and manage the risk of asbestos exposure. In breach of their duty, the Defendant failed to undertake the work identified in the surveys, failed to have an asbestos management plan in place, failed to alert staff to the presence of asbestos, and allowed the risk to subsist over a period more than fifteen years.  This breach of duty exposed those who worked and visited the premises to the risk of harm.

In October 2019 concerns were expressed by a visiting Health, and Safety Executive Inspector regarding damaged asbestos boards. This was referred to Middlesbrough Borough Council as the enforcing authority. The investigation revealed the existence of the surveys.

A report from, a Specialist Inspector, concluded that no work had been undertaken in respect of these surveys and that no action was taken to prevent or reduce the risks. Those working and visiting the site had been exposed to an avoidable risk.

The Defendant company pleaded guilty at the Magistrates’ Court and was committed to the Crown Court for sentence. At the sentencing hearing, at Teesside Crown Court on Tuesday 12^th September 2023, the Defendant was fined £400 000 and ordered to pay prosecution costs in full.

Ben Thomas advised on this case from an early stage and was able to deliver a successful prosecution, made even more noteworthy as the defence had instructed Kings Counsel.

For local news coverage please see the links below:

Middlesbrough builders merchant fined £400k over asbestos lapses

Jewson slapped with £400,000 fine over asbestos failure at Teesside site

Ben is a specialist Regulatory and Public Law Barrister. He has significant experience of prosecuting and defending prosecutions brought by the Health and Safety Executive under the Health and Safety at Work Act 1974 and is also regularly instructed by local authorities to advise on prosecution, and to conduct cases on their behalf, covering the full breadth of their work. These have included health and safety offences, food hygiene breaches, environmental and planning offences. He is often instructed pre-charge to advise on prosecution and on investigations.

Contact Ben’s clerks

Madeleine Gray on 0113 202 8603

Patrick Urbina on 0113 213 5250