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19th July 2011
20 July 2011
The Health and Safety Executive (HSE) prosecuted Marks and Spencer, Willmott Dixon Construction and PA Realisations (formerly Pectel) over the incident at two stores in Reading and Bournemouth between 2006 and 2007.
Winchester Crown Court heard that construction workers at the two stores removed asbestos-containing materials within the ceiling tiles and elsewhere.
Marks and Spencer did not allocate sufficient time and space for the removal of these materials at the Reading store. The contractors had to work overnight in enclosures on the shop floor in an effort to complete small areas of asbestos removal before the shop opened to the public each day.
The HSE alleged that Marks and Spencer failed to ensure that work at Reading complied with the appropriate minimum standards set out in legislation and approved codes of practice.
Marks and Spencer had produced its own guidance on how asbestos should be removed inside its stores, but the court heard that this was not followed appropriately by contractors during the refurbishment.
PA Realisations failed to reduce to a minimum the spread of asbestos to the Reading shop floor, according to an HSE statement. 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, as well as by poor standards of work.
M&S was not convicted of any wrongdoing at its Bournemouth store. However, the principal contractor at the Bournemouth store, Wilmott Dixon Construction, 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.
“This prosecution exposed serious failures by Marks and Spencer and its contractors that we hope others will learn from,” said Charles Gilby, an HSE principal inspector.
“This verdict is a wake-up call for the retail industry. Client accountability and responsibility is at the heart of this case because asbestos can and does kill. There are very real lessons here for the country's large retailers and other organisations engaging in programmes of refurbishment, that they must allow enough time and resource to carry out work without endangering anyone."
Sentencing will take on 26 September.
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Government turns to PFI for new schools
M&S convicted over asbestos failings
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Marks and Spencer and two of its contractors have been convicted for putting people at risk of exposure to asbestos-containing materials during refurbishment work.
The Health and Safety Executive (HSE) prosecuted Marks and Spencer, Willmott Dixon Construction and PA Realisations (formerly Pectel) over the incident at two stores in Reading and Bournemouth between 2006 and 2007.
Winchester Crown Court heard that construction workers at the two stores removed asbestos-containing materials within the ceiling tiles and elsewhere.
Marks and Spencer did not allocate sufficient time and space for the removal of these materials at the Reading store. The contractors had to work overnight in enclosures on the shop floor in an effort to complete small areas of asbestos removal before the shop opened to the public each day.
The HSE alleged that Marks and Spencer failed to ensure that work at Reading complied with the appropriate minimum standards set out in legislation and approved codes of practice.
Marks and Spencer had produced its own guidance on how asbestos should be removed inside its stores, but the court heard that this was not followed appropriately by contractors during the refurbishment.
PA Realisations failed to reduce to a minimum the spread of asbestos to the Reading shop floor, according to an HSE statement. 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, as well as by poor standards of work.
M&S was not convicted of any wrongdoing at its Bournemouth store. However, the principal contractor at the Bournemouth store, Wilmott Dixon Construction, 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.
“This prosecution exposed serious failures by Marks and Spencer and its contractors that we hope others will learn from,” said Charles Gilby, an HSE principal inspector.
“This verdict is a wake-up call for the retail industry. Client accountability and responsibility is at the heart of this case because asbestos can and does kill. There are very real lessons here for the country's large retailers and other organisations engaging in programmes of refurbishment, that they must allow enough time and resource to carry out work without endangering anyone."
Sentencing will take on 26 September.
Other news for Wednesday 20th July 2011:
Nottingham Uni nears FM deal for new hotel
BIFM backs code to improve internships
Fraud figure dip may be deceiving
Government turns to PFI for new schools
M&S convicted over asbestos failings
Blog: CSR under the spotlight