Duty of care

A Manchester-based construction company has been fined after workers were put at risk of exposure to asbestos.

A1 Property Maintenance Management Limited was acting as the Principal Contractor during work at the former Unicorn Public House (pictured) on Liverpool Road, Eccles, Greater Manchester.

During a routine inspection to the site on 16 May 2022, a GB Health and Safety Executive (HSE) inspector discovered that 12 square metres of asbestos insulation board had been present in a dumb waiter lift shaft – but had already been illegally removed by unknown individuals. This led to the inspector issuing a prohibition notice stopping all work on-site until an asbestos survey had been completed.

Previously, after noticing the pub door had been broken into, a site worker had entered the building, where they discovered what appeared to be asbestos debris in the area around the lift shaft. The debris was later wrapped and removed by a licensed asbestos removal contractor.

However, A1 Property Maintenance Management Limited failed to carry out a full asbestos survey to confirm that all asbestos-containing materials had been removed before allowing further construction work to take place.

The company pleaded guilty to breaching Regulation 4(6) of The Control of Asbestos Regulations 2012. It was fined £5,360 and ordered to pay £5,117 in costs at a hearing at Tameside Magistrates’ Court on 30 July 2025.

Speaking after the hearing, a HSE spokesperson said: “This was a serious incident and put those working in the building at risk of being exposed to the harmful effects of asbestos. Dutyholders are reminded of the need to review without delay an asbestos assessment if there has been a significant change in the premises to which the assessment relates.”

Asbestos responsibility

The dutyholder can be the building owner, the landlord for the premises or the person or organisation with clear responsibility for the building’s maintenance or repair. They have a legal duty to manage asbestos in a building and this requires them to:

• assess if there are asbestos-containing materials (ACMs) present, the amount, where they are and their condition
• presume materials contain asbestos unless there is strong evidence that they do not
• make, and keep up to date, a record or register of the location and condition of the ACMs or presumed ACMs
• assess the risk of anyone being exposed to airborne fibres from the ACMs
• write an asbestos management plan to manage the risk, put the plan into action, monitor it and review it every 12 months or sooner if necessary
• monitor the condition of any ACMs or suspected ACMs; and
• provide information on the location and condition of the ACMs to anyone who may work on or disturb them, including the emergency services.

Around 5,000 people die every year from asbestos-related diseases, which typically take decades to develop and cannot be cured. The HSE has two ongoing campaigns – ‘Asbestos and You’ and ‘Asbestos – Your Duty’ – to remind tradespeople about the dangers of asbestos and the importance of working safely with it. The campaigns are also for those responsible for the maintenance and repair of non-domestic buildings.

Workers in trades such as construction, maintenance, demolition and installation are particularly at risk and should ensure they have appropriate training before starting work that might disturb asbestos.

For HSE asbestos guidance, visit hse.gov.uk/asbestos

Image credit | iStock | HSE