£400,000 fine handed down to Jewson following asbestos safety failure in Middlesbrough

One of the UK’s largest chains of builders’ merchants, Jewson, has received a fine of £400,000 due to its failure to manage asbestos safety at a branch in North East England.

The company, which supplies construction materials from around 600 outlets up and down the UK, was ordered to pay the hefty fine in relation to a breach of asbestos law that could have been life-threatening.

How did this fine come about?

Teesside Crown Court was told that Middlesbrough Council environmental health officers visited Jewson’s Brewsdale Road, North Ormesby site in October 2019. This action came after concerns were raised about damaged asbestos-containing materials (ACMs).

Officers carried out an inspection of the site, which found that numerous damaged ACMs were present at the site; it was also discovered that asbestos fibres had been released from these materials.

According to the council, when investigations were undertaken into the management of asbestos at the premises, it was found that in the period from 2004 to 2019, there had been a significant failure to properly inspect and manage asbestos at this location. This was despite multiple asbestos surveys having been undertaken over this timeframe.

The premises are in the possession of Stark Building Materials UK Ltd, which owns Jewson. The reports found that the company was aware of the risks posed by asbestos, but that no action was taken to prevent or reduce the exposure and spread of the now-banned substance from the Middlesbrough site.

Jewson site managers “failed in their responsibility to protect their workers and visitors”

Head of public protection at Middlesbrough Council, Judith Hedgley, commented that with the health risks connected to asbestos having “been known about for many years”, UK health and safety laws put in place a requirement for the employers and owners of workplaces to carry out asbestos surveys of their sites.

The purpose of such surveys, she said, was to allow for the identification, labelling, removal, or effective management of asbestos at a given location.

She added that “the management of the Jewson site in Middlesbrough had, over a prolonged period, failed in their responsibility to protect their workers and visitors from the risks associated with exposure to asbestos.”

A “very substantial” punishment that sends out a message to building owners and employers

In this case, the company that employed workers at the premises where the asbestos failings occurred – Jewson Ltd – had ceased trading. However, legal responsibility remained with the firm that owns the site, Stark Building Materials UK Ltd.

It was this company that accepted responsibility for failing to ensure workers and visitors to the site were not exposed to health and safety risks from possible exposure to asbestos.

The case’s first hearing took place on 25th July. Stark Building Materials UK Ltd admitted guilt to a single charge of failing to protect the health and safety of persons not in its employment, including Jewson Ltd employees working at the premises, by failing to effectively manage asbestos.

In its appearance at Teesside Crown Court for sentencing, the company was ordered to pay £9,664 towards the local authority’s costs.

Chris Cooke, Middlesbrough Mayor and executive member for public protection at the council, described the fine as a “very substantial” one that “sends out a clear message to employers and building owners that they must identify where asbestos is in their premises and put measures in place to manage it so that no one’s health is put at risk.”

A Jewson spokesperson said that the company accepted the court’s ruling and the fine received, adding that the firm was sorry “to all concerned”.

The spokesperson continued that in the period since the events leading to the prosecution, the business had “completely reconfigured [its] system for managing asbestos in the workplace”.

They further stated that, following an additional review of Jewson processes and procedures, the company was “confident that the solutions put in place are now as robust as they should be.”

Has this story prompted you to consider whether your organisation is taking every reasonable step it can take to ensure the responsible and safe management of asbestos at its site? If you have any concerns, please don’t hesitate to enquire to the Oracle Solutions team today.