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Dover Man guilty of asbestos removal

Date:
5 May 2015

Nicholas Flyn (age 50) of Wildred Road, Dover pleaded guilty to four breaches of Asbestos Regulations at Canterbury Magistrate’s Court on Tuesday 5 May 2015.

Between 27 April and 1 May 2013, the self-employed handyman carried out a job at a house in Shepherdswell, Kent where he unsafely removed asbestos, potentially exposing a family of six, including four children between the ages of five and 14.

Nicholas Flyn pleaded guilty to breaching The Control of Asbestos Regulations 2012 Regulations 5(1), 8(1), 11(1)(a) and 16. He was ordered to complete 250 hours of community service and pay £2,000 towards costs for uncontrolled asbestos removal from a rented domestic property.

More information about working with asbestos safely can be found at http://www.hse.gov.uk/asbestos/ 

Notes to Editors:

The Health and Safety Executive is Britain’s national regulator for workplace health and safety. It aims to reduce work-related death, injury and ill health. It does so through research, information and advice, promoting training, new or revised regulations and codes of practice, and working with local authority partners by inspection, investigation and enforcement. www.hse.gov.uk

Regulation 5(1) of the Control of Asbestos Regulations 2012 states: “An employer must not undertake work in demolition, maintenance or any other work which exposes or is liable to expose employees of that employer to asbestos in respect of any premises unless that employer has carried out a suitable and sufficient assessment as to whether asbestos, what type of asbestos, contained in what material and in what condition is present or is liable to be present in those premises.”

Regulation 8(1) of the Control of Asbestos Regulations 2012 states: “An employer must hold a licence granted under paragraph (2) before undertaking any licensable work with asbestos.” 

Regulation 11(1)(a) of the Control of Asbestos Regulations 2012 states: “Every employer must prevent the exposure to asbestos of any employee employed by that employer so far as is reasonably practical.”

Regulation 16 of the Control of Asbestos Regulations 2012 states: “Every employer must prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably practicable the spread of asbestos from any place where work under the employer’s control is carried out.” 

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