In the July issue of the Newsletter, we reported on plans to ban white asbestos and detailed various prosecutions for asbestos offences which had been brought by the Environment Agency and the HSE. Since then, there have been further developments.
White Asbestos Ban
On 24 November 1999, the Asbestos (Prohibitions) (Amendment) Regulations come into force banning the importation, supply and use in Great Britain of chrysotile (white asbestos). Crocidolite (blue asbestos) and amosite (brown asbestos) have been prohibited since the mid 1980's.
This ban comes 5 years ahead of the deadline imposed by the European Commission last month.
The Regulations also ban the supply and use of second hand asbestos cement products and of boards, tiles and panels which have been painted or covered with paints and textured plasters containing asbestos.
The Regulations provide for eight, mostly time limited, exceptions which include:-
- The use of asbestos for the manufacture of protective clothing used in very high temperatures until January 2005.
- The continued use of products containing chrysotile until they reach the end of their service life, provided that they were in use before the Regulations came into force.
- The supply of asbestos for the purposes of disposal and the importation, supply and use of chrysotile for the purposes of research, development or analysis.
Asbestos Charges Dismissed
In July, we reported, on a joint prosecution by the HSE and the Environment Agency against Andrew and Neil Medley. You may recall that after admitting employing teenage boys to remove asbestos from a turbine factory near Leeds, both defendants received community service orders.
Whilst charges had been brought by both the Agency and the HSE, the defendants had requested that the 2 cases should be dealt with separately. It was therefore on the HSE charges that the defendants were sentenced in April.
The Agency charges related to the disposal of asbestos after it had been stripped from the buildings. On 6 September 1999, these were dismissed by Judge Cockroft who stated:-
"I have come to the conclusion it would be unfair and oppressive to proceed."
The Agency has expressed concern and disappointment at the Court's decision. Several tonnes of the waste have never been traced and it was reported in Court that Andrew Medley was believed to be operating a business which offers an "asbestos specialist" service.
For further information please contact Mike Shepherd, Trinity Court, 16 John Dalton Street, Manchester, M60 8HS, Tel: +44 161 830 5000
This article was first published in the Autumn 1999 issue of Hammond Suddards' Safety, Health and Environment Newsletter.
The information and opinions contained in this article are provided by Hammond Suddards. They should not be applied to any particular set of facts without appropriate legal or other professional advice.
