Despite failing to attend Staffordshire Magistrates’ Court on 24th August 2023, Esskay Construction Ltd was found guilty in its absence.

Nathan Cook, prosecuting on behalf of the Health & Safety Executive (HSE), told the court how the regulator was contacted on 31st August 2021 regarding asbestos disturbance at 12 Brunswick Street in Hanley – where Esskay Construction was working.

Local authority staff had been to the site and discovered asbestos-containing debris to the front and rear of the building and along the public highway.

An inspector from the HSE then went to site and served two prohibition notices. A licensed asbestos removal contractor was then appointed to clean up.

However, further investigation by HSE found that Esskay Construction Ltd had failed to appoint a competent person to carry out a refurbishment and demolition asbestos survey of the premises prior to carrying out work on site. The company then allowed refurbishment to start without knowing where the asbestos containing materials were, resulting in them being disturbed and potentially exposing workers and members of the public to asbestos fibres. 

Esskay Construction Ltd of Mandarin Court, Warrington, failed to attend court but in its absence was found guilty of breaching Regulations 5, 11 and 16 of the Control of Asbestos Regulations 2012. It was fined £90,000 and ordered to pay costs of £6,009 and a victim surcharge of £190.

HSE inspector Will Gretton said after the hearing: “Asbestos is a class one carcinogen which is known to kill around 20 tradesmen each week. Carelessness at this scale, met with a failure to attend court, is unacceptable.

“For that reason, any building constructed prior to the year 2000 must be assessed for the presence of asbestos prior to any disturbance work taking place, and any asbestos containing materials must be left undisturbed or be removed by a competent contractor under controlled conditions.

“By failing to take these simple steps, Esskay Construction Ltd put workers and members of the public at risk of being exposed to a substance known to cause fatal illnesses including mesothelioma, lung cancer and asbestosis.

“HSE will not hesitate to take action where contractors are found to be flouting the law and putting people at risk, and this case should serve as a reminder to those engaged in this type of work that they have responsibilities when it comes to managing the risks associated with asbestos.”

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