Stephens and Stephens Property Development Boss Fined for Asbestos Exposure

The director of property development group Stephens and Stephens has been fined for exposing staff and the public to asbestos, whilst a hotel in Newquay was being demolished.

The case was recently taken to Truro Crown Court, where it was heard the Cliffdene Hotel, in Newquay, Cornwall, was ‘riddled with asbestos’. Despite the dangers, Stephens and Stephens demolished the property in 2020, without taking proper precautions.

Paul Stephens, company director, admitted a charge under the Health and Safety at Work Act. The court recorder said, “clearly a number of people were exposed to the [asbestos] risk, including passers-by”.

Stephens was fined almost £38,000 and was also ordered to pay a total of £92,129 for prosecution and remedial costs, as well as a victim surcharge.

The court recorder also said the offence was “driven by the cutting of corners and the improper treatment of a highly dangerous product” which created a risk of harm to the people involved and the general public.

During court, the jury was reminded that 5,000 people die each year from asbestos-related diseases, which can take decades to develop.

The Property Development Company Goes into Liquidation

Stephens and Stephens had, at the time of the hearing, gone into liquidation and were subject to a winding-up order.

The company director was not told to step down but was issued a large fine. The company said “Although appropriately licensed professional contractors were engaged and paid for the removal of contaminated material at the project, it emerged that during the tender process there were some misunderstandings as to what had to be removed, and by whom.”. Stephens, the director, also admitted that “on reflection, some materials would have been better removed by licensed contractors, it was acknowledged that employees may not have kept to the guidance at all times”.

Asbestos Related Legislation

The Health and Safety at Work Act 1974

The Health and Safety at Work Act places duties on employers to do what is ‘reasonably practicable’ to ensure the health and safety of anyone who might be affected by their work. This includes tenants and the public.

Control of Substances Hazardous to Health Regulations (COSHH)

The main rules for managing and working with asbestos are detailed in the COSHH. They explain legal duties and responsibilities such as:

• Types of work that require a licence and those that don’t
• Requirements for working with asbestos that is non licensed
• Requirements for designating areas where you are working with asbestos
• Necessary record keeping and medical surveillance

What to Do if Your Property Has Asbestos

If you think your property has asbestos, it is essential you arrange an asbestos survey. An asbestos survey will identify any asbestos containing materials (ACMs). Then, an asbestos management report can be created.

We have more than 25 years of experience offering asbestos surveys, you can rely on 0800 Asbestos for a fast and efficient service at a reasonable price.