The Leading News & Information Service For The Facilities, Workplace & Built Environment Community

Monday, 21 October

Asbestos Analyst Fined for Falsifying Documents

An asbestos analyst has been fined after he falsified an asbestos air clearance certificate, following licensed asbestos removal in Manchester.

Greater Manchester Magistrates’ Court, sitting at Manchester and Salford Court House, heard how, on 19th November 2015, Mr Barrie Lyons, a well-trained asbestos analyst with 29 years of experience, was contracted to carry out the final inspection and air testing, following asbestos removal at a construction site in central Manchester.

Mr Lyons’ task included a thorough examination of the area where asbestos had been removed from, within the defined enclosure itself and the areas surrounding it. He also had a series of air samples to collect and evaluate, to ensure that the air was substantially free of asbestos.

The investigation by the Health and Safety Executive  revealed that Mr Lyons had failed to carry out a suitable inspection of the site and had not carried out the correct amount of air sampling, despite his report to his employer and the client indicating that he had. In effect, Mr Lyons had deliberately falsified his report and so his published results could no longer be relied upon. The asbestos removal contractor had no option but to have a second clearance test carried out which incurred significant delays and additional expense.

HSE inspector Matthew Greenly said after the hearing: “Asbestos analysts play a vital role in ensuring that areas are safe to enter after asbestos is removed. Mr Lyons sadly chose on this occasion to falsify his records which was a massive abuse of the trust placed in him by the client.

“This deliberate act increased the risk of numerous people potentially being exposed to asbestos, a risk Mr Lyons would be very well aware of from his experience, all to save a little time and finish the job early.

“It is hoped that the industry uses this case as a reminder that anyone involved in asbestos removal must do everything reasonable to protect people from a material which causes around 4000 deaths per year in the UK.”

Mr Barrie Lyons, of Bishops Stortford, Hertfordshire, pleaded guilty to breaching Section 7(a) of the Health and Safety at Work etc. Act 1974 and was fined £2000 and ordered to pay costs of £3905.73.

Picture: Asbestos removal at a construction site in central Manchester was not checked properly

Article written by Cathryn Ellis

Share



Related Articles

Safety Fines Reflect Size of Guilty Firms

A construction company has been fined £3/4 million for asbestos failings; another for a falling load crush; another for a trench collapse; and another for an...

 Read Full Article
Shocking Ways to Land in Court

BAM Construction Limited and Shoreland Projects Limited have been fined after a man suffered multiple life changing injuries including severe burns to his...

 Read Full Article
Cavalier Estate Management Firm Fined Again

A real estate company in Oxfordshire has been fined for failing to manage asbestos on its premises following a fire. Reading Crown Court heard how a fire occurred at...

 Read Full Article
Fathers' Day - Killings Get Scant Justice

A company providing environmental services has been prosecuted after a worker was killed during asbestos removal work at a Welsh High school. Newport Magistrates Court...

 Read Full Article
Phoenix Nights Delayed by Asbestos Exposure

A Bolton night club owner has been sentenced after admitting a failure to carry out a survey for asbestos before starting on the refurbishment of a local night...

 Read Full Article
GM Drives into Asbestos Trouble

General Motors UK Ltd has been prosecuted by the Health and Safety Executive after work being undertaken at its North Road, Ellesmere Port site in 2014 exposed...

 Read Full Article
The Rights and Wrongs Of Prohibition Notices

The Supreme Court has recently decided that where a Prohibition Notice is served and subsequently found to be unfounded, the Notice can be rescinded or modified but the...

 Read Full Article
NHS Trusts In The Dock - Legionella and Lone Worker Fatality Convictions

Royal United Hospitals (Bath) NHS Foundation Trust has (in week ending December 15) pleaded guilty to a charge under Section 3(1) of the Health and Safety at Work etc Act...

 Read Full Article
Scaffolding - Dangers Exposed

Date: August 21 - Construction company fined after worker fell from height A construction company has been fined after a worker suffered life changing injuries after...

 Read Full Article
Bam Ferrovial Keir Fined Ł1 Million

A passenger air transport firm has been fined after an employee suffered brain damage after being crushed by hangar doors in Bedfordshire. St Albans Crown Court heard...

 Read Full Article