Jersey Unreported Judgments

Inferior Number Sentencing - contravention of Health and Safety at Work (Jersey) Law 1989.

[2014]JRC242A

Royal Court

(Samedi)

5 December 2014

The Attorney General

-v-

V & S Carpenters & Builders Limited and Vincent Wilson

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

Plea: Guilty.

Details of Offence:

V&S had four employees and was the main contractor in control of domestic premises undergoing refurbishment work.  No information was sought by the defendants from the property owner regarding the possible presence of asbestos; the property owner offered no information; no asbestos survey was undertaken by defendants.  Mr Wilson and his wife are sole directors of V&S.  Mr Wilson himself stripped cladding from a beam in the property which was later identified as asbestos insulation board (AIB).  He had carried out the work on his own on a Sunday.  The stripped AIB lay outside the property, unprotected and beside a school for 17 days before being removed by another contractor to La Collette dump.  On arrival, the vehicle was impounded, as load suspected to be AIB, and a H&S investigation commenced.  Debris samples taken from the property by the analyst 17 days after removal of the cladding tested positive for asbestos fibres.  Mr Wilson and at least five other operatives working in the area would have been exposed to the risk of inhaling asbestos fibres.  Members of the public and school children could also have been exposed to risk.  The defendants had failed to manage the potential for asbestos materials being disturbed: the significant risks were unnecessary and could easily have been avoided. 

Details of Mitigation:

Admitted infractions on Indictment; V&S first offender.  Steps taken to remedy deficiencies; arranged for environmental decontamination clean by licensed contractor; sent operatives on asbestos awareness course. 

Previous Convictions:

V&S - none. 

Vincent Wilson - minor motoring offences; common assault. 

Conclusions:

Costs: £2,500.

Total: £14,500.

Sentence and Observations of Court:

Conclusions granted. 

Mrs S. Sharpe, Crown Advocate.

Advocate O. A. Blakeley for V & S Carpenters and Vincent Wilson.

JUDGMENT

THE commissioner:

1.        V & S Carpenters & Builders Limited stands to be sentenced for three infractions of the Health and Safety at Work (Jersey) Law 1989.  Mr Wilson, who is one of the two directors of this small company, faces sentencing for mirror infractions.  The case concerns the failure of V & S to ascertain from the person having responsibility for the premises concerned, whether or not there was asbestos containing material in it and in the absence of such information its failure to undertake an asbestos survey.  It should not then have carried any work unless licensed to do so, which it was not. 

2.        So without those steps, cladding around a beam was removed, which was subsequently identified as asbestos insulation board.  This led, we are told by the Crown, to employees, sub-contractors and members of the public, being unnecessarily exposed to the serious risk posed by the inhalation of asbestos fibres detected at the premises sometime after its removal.  We are told, again by the Crown, that asbestos is the single greatest cause of work-related deaths and in 2012 for killing three times more people every week than die in road deaths. 

3.        In mitigation, Mr Wilson and V & S took immediate steps to remedy the defects, for example by arranging appropriate decontamination of the premises concerned by a licensed contractor, and this at the company's own cost ,and sending employees on asbestos awareness training courses.  Mr Wilson has long experience in the building trade and both he and V & S have a good safety record.  The Crown seek a total fine of £12,000 plus £2,500 in costs, a figure broadly in line with earlier cases and treating V&S and Mr Wilson as indivisible. 

4.        It is clear that both Mr and Mrs Wilson, Mrs Wilson is the other director, are very sorry for what has happened and these proceedings have been very stressful for them, and in particular perhaps for Mr Wilson, as it has been hanging over their heads for a considerable time.  We have no doubt that neither the company nor Mr Wilson will offend again, and of course they have incurred quite substantial costs irrespective of any fine the Court might impose. 

5.        Even so, we are going to grant the conclusions of the Crown.  The message has to go out to all those involved in the building trade just how potentially dangerous asbestos is, and that the possible presence of asbestos is the first matter to consider before any work is undertaken. 

6.        Therefore, in terms of the fines, Count 1; a fine of £2,000, Count 2; a fine of £2,000, Count 3; a fine of £2,000, Count 4; a fine of £2,000 or 1 month's imprisonment in default, Count 5; a fine of £2,000 or 1 month's imprisonment in default, and Count 6; a fine of £2,000 or 1 month's imprisonment in default, that gives a total of fine of £12,000 and there will be an order for the payment of the costs of the prosecution of £2,500.  Advocate Blakeley we will allow 7 days to pay, I think that will be sufficient. 

Authorities

Health and Safety at Work (Jersey) Law 1989.

R v F. Howe & Son (Engineers) Limited [1999] 2 Cr App R (S) 37

R v Board of Trustees of the Science Museum [1993] 3 All ER 853.

AG v AA Langlois Haulage Limited [2010] JRC 023.

AG v Delgado t/a J. C. Stonemasons & Builders [2012] JRC 221.

AG v W Horn Brothers Limited [2012] JRC 216.

Articles 3, 5, 21 and 23 Health & Safety at Work (Jersey) Law 1989.

Regulation 2 Health & Safety at Work (Asbestos-Licensing) (Jersey) Regulations 2008.

Asbestos Approved Code of Practice.