Marks and Spencer plc, along with 3 of its contractors, have been fined for putting people (including members of the public, staff and construction workers) at risk of exposure from asbestos-containing materials during the refurbishment of two of its stores in Reading and Bournemouth.
M&S were fined £1 million and ordered to pay costs of £600,000. In addition, three contractors were fined £200,000 £100,000 and £50,000 and were also ordered to pay costs.
During the 3-month trial which ended in July 2011, the Crown Court heard that construction workers at the two stores removed asbestos-containing materials that were present in the ceiling tiles and elsewhere. The court heard that the client, Marks and Spencer plc, did not allocate sufficient time and space for the removal of asbestos-containing materials at the Reading store. The contractors had to work overnight in enclosures on the shop floor, with the aim of completing small areas of asbestos removal before the shop opened to the public each day. The HSE also alleged that Marks and Spencer plc failed to ensure that work at the Reading store complied with the appropriate minimum standards set out in legislation and approved codes of practice. The company had produced its own guidance on how asbestos should be removed inside its stores, and the court heard that this guidance was followed by contractors inappropriately during major refurbishment. One contractor failed to reduce to a minimum the spread of asbestos to the Reading shop floor. Witnesses said that areas cleaned by the company were re-contaminated by air moving through the void between the ceiling tiles and the floor above, and by poor standards of work.
The principal contractor at the Reading store, admitted that it should not have permitted a method of asbestos removal which did not allow for adequate sealing of the ceiling void, which resulted in risks to contractors on site. The principal contractor at the Bournemouth store failed to plan, manage and monitor removal of asbestos-containing materials. It did not prevent the possibility of asbestos being disturbed by its workers in areas that had not been surveyed extensively.
The HSE's Southern Head of Operations for Construction, Richard Boland said:
"This outcome should act as a wake up call that any refurbishment programmes involving asbestos-containing materials must be properly resourced, both in terms of time and money - no matter what.
"Large retailers and other organisations who carry out major refurbishment works must give contractors enough time and space within the store to carry out the works safely. Where this is not done, and construction workers and the public are put at risk, HSE will not hesitate in taking robust enforcement action."
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