Two companies have been prosecuted after its workers and members of the public were exposed to asbestos during refurbishment work.

Hallmark Design and Shopfitting of Harden Beck Mill, Harden, pleaded guilty to breaching Regulation 5 of The Control of Asbestos Regulations 2012. It has been fined £1 as the company has entered into liquidation.

Berens and Company Ltd of Albion Street, Leeds pleaded guilty to breaching Regulation 4 of the Control of Asbestos Regulations 2012. It has been fined £120,000 with £20,000 in costs.

Leeds Crown Court heard how Hallmark Design and Shopfitting started carrying out refurbishment works for Berry's jewellery outlet, owned by Berens, on 18 August 2014.


However, during the work the company disturbed materials containing asbestos. Once Hallmark realised what had happened, they arranged for a licensed asbestos contractor to remove the material under controlled conditions.

A routine Health and Safety Executive (HSE) inspection of the licensed asbestos removal works found the plan of work for the notifiable asbestos removal works was not suitable. This was due to it being evident that more would need to be removed than what was originally planned, therefore the licensed contractors agreed to stop work.

A further HSE investigation discovered Berens had failed to provide Hallmark with relevant information regarding the asbestos on-site and did not have a suitable refurbishment and demolition survey for the premises. A Prohibition Notice was served on Hallmark as the company had failed to carry out a suitable and sufficient assessment as to whether asbestos was present or was likely to be present in the premises.

Speaking after the hearing, HSE inspector Jayne Towey said: "The companies in this case did not take account of the risks associated with the disturbance of asbestos and put not only their workers but also the general public at risk of inhaling fibres."

(LM/MH)