Asbestos: £1 Million Fine for Marks & Spencer

Apart from the serious embarrassment and the financial penalty for Marks & Spencer on recently being convicted on Health & Safety offences relating to asbestos removal in the refurbishment of its Bournemouth store, the size of the fine and the fact that the Health & Safety Executive were prepared to prosecute is a salutary reminder for all those where the control of Asbestos Regulations 2006 apply that they should ensure their procedures are both up-to-date and effective

Provision for the safe handling and management of asbestos is likely to move up the agenda for both HSE and Local Authorities and there is a very real likelihood of more convictions taking place.

Apart from specific situations where refurbishment work is taking place, this prosecution is a useful reminder to Landlords and Management Companies of their obligations to obtain and adhere to an Asbestos Risk Assessment for those common parts of a building (for example entrance ways, stairways and landings), of blocks of flats where, simply because the flats themselves do not fall within the Regulations does not mean that they do not apply to the common parts.

Very often Landlords and Management Companies have taken an over-relaxed view of the obligation to obtain an appropriate report and the likelihood is that they will now come under greater scrutiny and may face prosecution for failure to comply.

To emphasise the point, not only did Marks & Spencer receive a fine of £1 million but, were also ordered to pay costs of £600,000 in addition.

Anyone responsible for the safe dealing of asbestos and falling within the Regulations would be well advised to review their procedures to ensure compliance and as always, if there is any doubt, professional advice should be sought without delay.