The Health and Safety Executive has issued a warning on managing risks in shop refurbishments after Marks and Spencer plc and two contractors were found guilty of putting construction workers, staff and members of the public at risk of exposure to asbestos containing materials.
"The recent £1m fine received by Marks and Spencers for failing to protect staff and customers from the potential exposure to asbestos whilst undertaking a refurbishment project, highlights the necessity for retailers/businesses to play an active role in the safe handling and management of asbestos” warns Val Edwards, Commercial Property Partner at Hatchers Solicitors.
Marks and Spencer were convicted of two charges under the Health and Safety Act 1974 for failing to ensure the health and safety of its employees and others when asbestos removal carried out at as part of a refurbishment of its Reading, Bourmouth and Plymouth stores between 2006 and 2007 was found to be inadequate.
The court heard that Marks and Spencer did not give sufficient time and space for the removal of asbestos when contractors were required to carry out the work overnight, removing small pockets of asbestos each night before the shop could reopen for business.
Val continues:
“Retailers and other organisations carrying out major refurbishment work must work closely with their contractors with both risk assessments and plans allowing contractors enough space and time to operate safely without any risk to both staff and the public. In the case of Marks and Spencers it was clearly apparent that the contractors had failed to follow the plan for the safe removal of asbestos. M&S failure in their of “duty of care” to the public to ensure the work was carried out safely has led to very severe fines."
