An elite Health and Safety Executive (HSE) licensed asbestos removal company, TW Insulation, based in Liverpool and their company Director, Christopher Jarnell, were prosecuted by the HSE at Liverpool Magistrates Court, on 29 May 2006, for procedural failings and fraud, following the discovery of an asbestos air test certificate forgery.
TW Insulation admitted breaching the Health and Safety at Work Act, by "failing to conduct its undertaking as asbestos removal contracts in such a way as to ensure so far as was reasonably practicable that persons not in its employment were not exposed to risk to their health by the company's failure to prepare an adequate asbestos survey report".
Christopher Jarnell also admitted breaching the HSWA by not taking "reasonable care for the health and safety of others who might be affected by his act or omissions at work in that he promulgated a forged air test certificate with the intention that people would rely on it."
The procedural failures and forgery took place five years ago, when landlords of Graeme House, Liverpool, commissioned TW Insulation to carry out the safe removal of asbestos on the lower floors of their premises, which were undergoing renovation at the time. The upper floors remained occupied whilst the work was carried out.
The asbestos removal was carried out by TW Insulation. However, they failed to complete the process by calling in an asbestos survey expert to check asbestos air particles, by completing an air test, in order that the air test certificate could be issued for compliance of the Regulations.
Company Director, Christopher Jarnell, produced a forged air test certificate, which suggested to the clients, that there were now no safety risks and by the time the forgery was discovered, it was too late to know if there had been airborne particles or not.
Commenting after the hearing, HSE Principal Inspector, Wayne Crumpton said:
"People are entitled to expect that licensed asbestos removal contractors should bring a great deal of expertise to the job.
"In this situation there was a significant failure to deal with this matter to the required standards.
"When the work had been completed there should have been a proper clearance procedure by a qualified person to check that all asbestos had been removed and the building was safe. This procedure was not carried out."
TW Insulation was fined £15,000, plus £10,000 court costs, whilst company Director Christopher Jarnell was ordered to pay a £3,000 fine plus £2,000 costs.
Judge Richard Clancy told Mr. Jarnell his conduct was "disgraceful" and that a hearing in a higher court would undoubtedly have resulted in a prison sentence.
Information on asbestos can be accessed from the updated HSE webpage by clicking the following:
Asbestos health and safety in the workplace
Further information on the History of Asbestos, an Article by John Johnston AIIRSM, HSfB Owner, can also be accessed from our own HSfB Website, by clicking the following:
Article by Alexandra Johnston
