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July 20, 2011

Marks & Spencer guilty of exposing shoppers to asbestos


Well respected high street retailer Marks & Spencer has been found guilty of exposing shoppers, staff, and contractors to asbestos in one of its stores.

In its Reading store a number of asbestos ceiling tiles needed to be removed along with other small occurrences of asbestos-filled materials. M&S contracted the work out to Willmott Dixon Construction and PA Realisations. All three companies have been found guilty of breaching health and safety regulations.

The reason why is a failure on the part of each company to take due care to ensure asbestos was handled and removed safely. Surprisignly M&S decided to use its own guidance for the removal of the asbestos rather than adopting an approved approach. It also made the contractors work on small areas above the public shop floor which was then reopened to the public each day.

PA Realisations failed to stop contaminated air moving to the floor above where they were working and witnesses provided evidence of poor standards of work. Willmott Dixon Construction on the other hand didn't monitor the removal of the asbestos properly, and failed to survey the work area adequately for other asbestos materials.

This work was carried out between 2006 and 2007. On Monday, M&S were found guilty of breaching Sections 2(1) and 3(1) of the Health and Safety at Work Act. Willmott Dixon Construction was found guilty of the same breaches. PA Realisations were guilty of breaching Regulation 15 of the Control of Asbestos at Work Regulations.

This is proof that there still exists a lack of knowledge and due care within the industry with regards to handling asbestos. These breaches of health and safety also reinforce the fact that contractors need to have staff properly trained in the handling of asbestos so as they can question the guidance they are being asked to work under.

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