In Court: Manchester Construction Company Fined for Asbestos Survey Failures
IN COURT

Manchester Construction Company Fined £10,477 for Asbestos Survey Failures

A Manchester construction company has been fined over £10,000 after failing to conduct proper asbestos surveys following the discovery of disturbed asbestos materials on a demolition site.

Case summary

  • Court date: 30 July 2025
  • Court: Tameside Magistrates
  • Fine: £5,360 plus £5,117 costs
  • Breach: Control of Asbestos Regulations 2012

The case

A1 Property Maintenance Management Limited was acting as principal contractor during work at the former Unicorn Public House on Liverpool Road, Eccles, Greater Manchester. During a routine HSE inspection on 16 May 2022, inspectors discovered that 12 square metres of asbestos insulating board had been present in a dumb waiter lift shaft but had already been illegally removed by unknown individuals.

The discovery prompted an immediate prohibition notice stopping all work until proper asbestos surveys could be completed. Although the company arranged for licensed contractors to remove visible asbestos debris found around the lift shaft, they failed to conduct the comprehensive survey required under the Control of Asbestos Regulations 2012 before allowing construction work to resume.

The company pleaded guilty to breaching Regulation 4(6) of The Control of Asbestos Regulations 2012 at Tameside Magistrates' Court on 30 July 2025. They were fined £5,360 and ordered to pay costs of £5,117, bringing the total penalty to £10,477.

What the law requires

The Control of Asbestos Regulations 2012 place clear duties on those responsible for construction and maintenance work. Before any work that might disturb asbestos begins, duty holders must ensure adequate surveys identify the location, type and condition of asbestos-containing materials.

  • Management surveys for routine maintenance and building occupation
  • Refurbishment/demolition surveys for intrusive work that might disturb building fabric
  • Work stoppage when asbestos is discovered or suspected
  • Comprehensive assessment to confirm extent of contamination
  • Appropriate control measures before work can resume

Where the system failed

This case highlights a common but dangerous approach to asbestos management. The company treated the discovery of asbestos as an isolated incident requiring only local cleanup, rather than a warning sign demanding systematic investigation of the entire building.

Arranging removal of visible debris addressed the immediate contamination but ignored the fundamental question: what other asbestos materials might be present in a building of this age and type? Without a comprehensive survey, workers remained at risk and the company remained in breach of regulations.

Current HSE focus

HSE's ongoing "Asbestos and You" and "Asbestos Your Duty" campaigns emphasise the continuing risks faced by construction, maintenance, demolition and installation workers. Buildings constructed before 2000 should be assumed to contain asbestos until surveys prove otherwise.

The campaigns target both tradespeople who might encounter asbestos and those responsible for commissioning and managing building work. Both groups need to understand their legal duties and the practical steps required for safe working.

Practical steps for businesses

  • Proper planning. Commission management surveys for buildings in normal use and refurbishment/demolition surveys before any intrusive work begins.
  • Use competent surveyors. Choose only licensed, competent surveyors who understand the building type and proposed work scope.
  • Emergency response. When asbestos is discovered unexpectedly, stop work immediately and seek professional advice.
  • Comprehensive approach. Emergency removal of visible material does not substitute for systematic survey and risk assessment.
  • Worker training. Ensure all site workers receive asbestos awareness training appropriate to their roles.

The cost of getting it wrong

  • Financial penalties and enforcement costs
  • Work stoppages and project delays
  • Insurance claims and increased premiums
  • Reputational damage to business
  • Long-term health risks to workers

Beyond immediate financial penalties, asbestos exposure can cause mesothelioma, lung cancer and asbestosis decades after initial contact.

Need help with asbestos management

Compass HSC provides asbestos surveys, management plans and training to ensure your projects stay compliant and your workers stay safe.

Talk to Compass HSC or call (01253) 735755

The lesson for businesses

This case demonstrates why asbestos management requires systematic, professional approach rather than reactive responses to discoveries. Time pressure and cost concerns cannot justify shortcuts when dealing with materials that pose serious long-term health risks. For businesses working on older buildings, invest in proper surveys, use competent contractors, and ensure your teams understand both the risks and the required response when asbestos is encountered.

Contact Compass HSC

Or call (01253) 735755

About Brian Lambert

Brian Lambert at his desk

Brian Lambert (CMIOSH-IMaPS), the founder of Compass Health & Safety Consultancy (HSC), is a Chartered Member of IOSH and an accomplished IMaPS professional. With decades of industry experience, Brian is dedicated to guiding businesses of all sizes through the complexities of health and safety management.

His approach is built on integrity, innovation, and an unwavering commitment to raising the standard in health and safety. As a trusted advisor, Brian's insights help organisations enhance compliance, reduce risk, and boost operational efficiency.

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