James Roger Carlton, a Nottinghamshire property developer also known as Roger Stephen Parry, pleaded guilty at Nottingham Crown Court to exposing employees to asbestos at the site of the former King Edward VI School on London Road, Retford.
The Court heard that Mr Carlton knew that asbestos insulation board formed part of the pre-fabricated buildings on the site. He ignored the advice of a Health and Safety Executive (HSE) inspector who identified the type of the building which is known to contain asbestos and gave Mr Carlton advice regarding its removal, notably to have surveys carried out and to arrange for the licensed removal of the material. However, eight days later, a complaint was received by the HSE from a member of the public who advised that the asbestos was not being removed properly.
When inspectors revisited the site they found the asbestos had not been properly removed and a Prohibition Notice was served to stop all work with, or liable to disturb, the material asbestos and a direction to ‘Leave Undisturbed’ was imposed on piles of contaminated rubble. However, on a third visit, inspectors found workers in breach of the Prohibition Notice. Two workers were putting asbestos insulation board into a lockable skips and ‘dry sweeping’ the dust.
James Roger Carlton pleaded guilty to single breaches of the Health and Safety at Work etc Act 1974 and Control of Asbestos Regulations 2006, and 10 breaches of the Control of Asbestos Regulations 2012. He was sentenced on 10th July 2013 to eight months in prison, suspended for two years, for the breach of the Prohibition Notice. He was also fined £55,000 and ordered to pay a further £45,000 in costs.
For further information please click on the following link: