Asbestos Management

 

John Lewis PLC is facing a large fine after admitting failing to do proper checks for asbestos while carrying out refurbishment work at a city department store.

Edinburgh Sheriff Court heard renovation work was being carried out over four days at the management suite at the city’s St James Centre in July 2008 when asbestos was discovered at a board between two radiators. Workers covered it in a bag and then reported it to management.

A check was carried out and the board was sent for analysis but work was allowed to continue when the site should have been shut down. It was only when the results came back positive that the project was halted.

The court heard around 15 workers could potentially have been exposed to the harmful substance.

Fiscal depute Maureen McGovern told the court that a Type Three survey should have been carried out either by John Lewis PLC or Morris and Spottiswood, the contractors, before the project was commenced. This did not happen.

The court heard a Type Two survey was carried out but was not thorough enough as the board went undetected.

Miss McGovern said that it can take 40 years for affects of exposure to asbestos to become apparent. She added there were around 4000 deaths every year in the UK due to asbestos.

Minimal exposure

A survey of the department store after the incident showed that asbestos had not spread out of the management suite and although there was exposure it was minimal.

John Lewis PLC and Morris and Spottiswood each admitted three charges under the Control of Asbestos Regulations 2006, Construction (Design and Management) Regulations 2007 and Management of Health and Safety at Work Regulations 1999.

Defence lawyer Robert Fife for John Lewis said the department store, which announced pre-tax profits of £306m in March, apologised for the incident. He said the company, whose director sat in court to listen to proceedings, had spent some 3000 man hours and £100,000 carrying out detailed post-incident work to ensure nothing like this would happen again.

He said: “It is highly unlikely there will be any similar incident involving John Lewis PLC across the country. John Lewis PLC have a long-standing relationship in the community and have no interests in harming people, it is not how they work. It has been embarrassing for them that this has happened. Their reputation is everything.”

Defence lawyer Craig Turnbull for Morris and Spottiswood said: “The offence is very much regretted by Morris and Spottiswood and they tender apologies and they have done what they can to prevent a recurrence.”

Mr Turnbull added that the company had also spent money ensuring all employees were fully trained in asbestos.

Sheriff Elizabeth Jarvie QC deferred sentence until next month. It is thought both the companies will face large fines.