UK GOVERNMENT: Medley brothers sentenced for asbestos offences
APR 19, 1999, M2 Communications - The prosecution of Leeds brothers Neil Peter Medley and Andrew Craig Medley and their former company Medleys Limited ended today with Neil Medley being ordered to do 240 hours community service and Andrew Medley ordered to do 120 hours community service. Neil Medley was ordered to pay GBP 4,000 in costs and Andrew Medley was ordered to pay costs of GBP 2,000.
The charges resulted from a year long investigation into the conduct of the company by the Health and Safety Executive (HSE) following a tip-off that schoolboys had been used to remove asbestos based ceiling tiles from AE Turbine Components (AETC), Yeadon, Leeds.
HSE inspectors uncovered that health and safety requirements had been routinely and consistently ignored and employees and members of the public been potentially put at risk for financial gain. The Environment Agency also carried out a separate investigation and have charged the brothers in respect of disposal of waste from AETC.
HSE Inspector David Robins, who conducted many of the enquiries said: "In 30 years handling asbestos cases this is by far the most serious that I have dealt with. The judge was rightly severely critical of individuals who purported to have knowledge of asbestos removal - were licence holders until 1996 and yet were prepared to by-pass the Regulations to support a lifestyle that was beyond their normal means.
"We will never know what level of risk was created by their casual and cavalier attitude. Suffice to say that the publicity of the case should give them time to reflect on the gravity of their action."
David Dean, HSE Principal Inspector added: "Since our investigation began the Control of Asbestos at Work Regulations and the Asbestos (Licensing) Regulations have been revised and from 1 August 1999 all significant work with asbestos insulation board has to be performed by licensed contractors and notified to HSE.
"Contractors also have to follow their method statements. I urge clients to ask for copies of asbestos licences before considering contractors for any work. Whilst clients cannot be expected to have detailed technical knowledge in a very specialist field they should institute arrangements to ensure the contractors are following the agreed method of work and if they are in doubt they should take specialist advice."
Neil Medley pleaded guilty to five charges and Andrew Medley pleaded guilty to two charges on Monday. The other charges have been left to lie on file.
Notes to editors
1. Section 1(1) of the Employment of Women, Young Persons and Children Act 1920 states: "No child shall be employed in any industrial undertaking."
2. Regulation 3(1) of Asbestos Licensing Regulations 1983 states "....an employer...shall not undertake any work with asbestos insulation or asbestos coating unless he holds a licence granted under Regulation 4 of the Regulations relating to such work and complies with the terms and conditions of that licence." Offences under these regulations carry a maximum sentence of two years imprisonment and/or unlimited fine. The first ever custodial sentence of three months was passed on to Roy Hill by Bristol Crown Court on 23 January 1996 following his conviction for breaches of Asbestos at Work Regulations 1987 and Asbestos Licensing Regulations 1983. The second custodial sentence was handed down by Birmingham Crown Court on 4 September 1998 to Paul Anthony Evans who received a nine month sentence for carrying out work without a licence.
3. Regulation 7 of the Control of Asbestos at Work regulations (CAWR) requires every employer to ensure that adequate information, instruction and training is given to his employees who are or are liable to be exposed to asbestos
4. Regulation 8 of CAWR requires that every employer shall prevent the exposure of his employees to asbestos or where it is not reasonably practicable, the exposure by measures other than the use of respiratory protective equipment.
5. Regulation 11 of CAWR requires that every employer shall provide adequate and suitable protective clothing for such of his employees as are exposed to asbestos.
6. Regulation 12 of CAWR requires that every employer shall prevent or where this is not reasonably practicable, reduce to the lowest level reasonably practicable, the spread of asbestos from any place where work is carried out.
7. Regulation 13 of CAWR requires that every employer who undertakes work which exposes his employees to asbestos shall ensure that the premises or parts of premises where that work is carried out are kept in a clean state and, in those parts of the premises where work has been carried out are thoroughly cleaned.
8. Regulation 16 of CAWR requires every employer to ensure that each of his employees who is exposed to asbestos is under adequate medical surveillance by an Employment Medical Advisor or appointed doctor.
9. Regulation 17 of CAWR requires every employer to provide for any of his employees who are exposed to asbestos adequate and suitable washing and changing facilities.
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