$15k fine for unlicensed asbestos removal

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This was a completely botched asbestos removal job which put workers at risk, says WorkSafe’s Principal Advisor Asbestos Rob Birse

Glenn Warwick Sibley operated a business specialising in the repair and maintenance of buildings. In 2018, he was hired to complete renovation work on a Queenstown property and the work included the removal and replacement of ceiling tiles which had friable asbestos present, which is asbestos that can be crumbled or crushed by hand.

After work began to take place, WorkSafe received a notification that the ceiling was being removed unsafely.

A non-disturbance notice was issued and later testing came back positive for the presence of asbestos.

As a result an investigation was launched. The investigation found that Sibley was aware asbestos had been detected in the house, but was not a licensed asbestos removalist at the time work was undertaken.

Friable asbestos is an extremely dangerous material which poses health risks such as lung disease or even cancer when disturbed. WorkSafe does not take these matters lightly.

If you need to remove friable asbestos it must be done safely by a licensed asbestos removalist.

Sibley did not conduct a risk assessment or have an asbestos removal control plan around the removal of the friable asbestos. He also failed to ensure he or his workers had correct personal protective equipment when removing the ceiling tiles. It is fair to say he exposed his workers to asbestos fibres.

Notes:

  • A fine of $15,000 was imposed.
  • Glen Warwick Sibley was sentenced at the Christchurch District Court on November
  • Glen Warwick Sibley was sentenced under sections 49(1), 49(2)(b) and 36(1)(a) of the Health and Safety at Work Act 2015.
    • Being a PCBU, having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU while the workers were at work in the business or undertaking, namely while removing ceiling material from the property, did fail to comply with that
  • Carries a maximum penalty of $100,000.
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