- R v Evans
- R v McNeill
- R v Joyce
- R v Rollco Rivet and Screw Company
- R v Bernard Rose
- R v Philip Rose (4 September 1998) Crown Court
In September 1997 the Environment Agency discovered bags of blue, white and brown asbestos dumped around Birmingham at eight different locations. These included a playground and supermarket car park. Some of the bags had burst leaving material to blow around.
The source of the asbestos was traced to Rollco Rivet and Screw Company's site in Aston. Rollco Rivet and Screw Company had appointed Martyn Joyce and James McNeill of M & M Joyce Contractors to remove and dispose of asbestos roofing.
M & M Joyce in turn employed a sub-contractor, Mr Evans, to do the removal work and provided skips in which to place the waste. Mr Evans, however, removed more asbestos insulation from the building some 300 bags of which would not fit into the skips. He therefore hired a van and dumped them at various locations around the city.
Mr Evans was convicted of nine offences of disposing of waste contrary to Section 33(1) of the Environmental Protection Act 1990 and for failing to ensure that people not in his employment were not exposed to risk contrary to Section 3(1) of the Health and Safety at Work etc. Act 1974 and for carrying out work without a licence contrary to Section 3(1) of the Asbestos Licensing Regulations 1983.
He was sentenced to nine months in prison half of which was suspended. Mr McNeill admitted nine offences relating to waste under the Environmental Protection Act 1990 and three offences in relation to health and safety including failing to ensure employees' safety contrary to Section 2(1) of the Health and Safety at Work etc. Act 1974.
Mr Joyce was convicted of four charges, three for health and safety offences and one for a waste offence. Rollco Rivet and Screw Company was fined £40,000 plus £30,000 in costs under the Health and Safety at Work etc. Act 1974 for offences of failing to protect the health of its employees.
In addition two directors of Rollo Rivet and Screw Company, Bernard Rose and Phillip Rose were fined £6,000 and £4,000 respectively for health and safety offences.
On top of the significant fine imposed on Rollco Rivet and Screw Company it had to pay £50,000 to get the work done properly and in doing so lost six weeks of production. (ENDS Report 284, p47)
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