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Asbestos Analyst Fined For Falsified Certificate

By Principal Lawyer, Abuse and Disease Teams

An asbestos analyst in Manchester has been fined for falsifying an asbestos air clearance certificate on a construction site.

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Greater Manchester Magistrates’ Court heard how Barrie Lyons, a trained asbestos analyst with 29 years of experience, had been responsible for the final inspection of asbestos following removal work in Manchester City Centre.

The consequences of negligence when safeguarding workers and the public is a matter that should be made very clear to all in the industry.

An investigation by the Health and Safety Executive (HSE) revealed Mr Lyons failed to carry out an adequate amount of air sampling and site inspection, essentially falsifying his report to his employer.

We see many cases where employers have imposed serious health risks upon workers when the correct measures have not been taken to ensure their safety from the known presence of asbestos on a property. But when a duty holder does carry out their responsibilities by employing specialists to assess and minimalise any risks, it is unacceptable for a professional to flout that responsibility when the consequences could be so severe.

Exposure to asbestos can result in asbestos-related diseases such as mesothelioma. For information on asbestos, please see the following video:

 

 

Fortunately, according to Construction Enquirer, following the HSE’s investigations, Mr Lyons carried out a second clearance test. This meant further costs and delays. Mr Lyons pleaded guilty to breaches of health and safety and was fined £2000 and ordered to pay costs of £3905.73.

Following the hearing, HSE inspector Matthew Greenly said: “It is hoped that the industry uses this case as a reminder that anyone involved in asbestos removal must do everything reasonable to protect people from a material which causes around 4,000 deaths per year in the UK.”

A trained asbestos analyst would be fully aware of the extreme health risks of exposure to asbestos. The consequences of negligence when safeguarding workers and the public is a matter that should be made very clear to all in the industry.

Kim Harrison is a principal lawyer specialising in asbestos and mesothelioma claims at Slater and Gordon in Manchester.

Slater and Gordon Lawyers have a specialist team of asbestos compensation solicitors that deal with asbestos claims on a no win no fee basis. For a free consultation call 0800 916 9046 or contact us online and we’ll be happy to help you.

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