Repercussions of Illegal and Negligent Asbestos Removal
WorkSafe has an approved code of practice for businesses to follow regarding the safe removal of asbestos. This hazardous natural material can have serious health consequences, and not taking all reasonable precautions to remove it safely can have severe repercussions for all involved.
If you’re curious about the consequences of illegal and negligent asbestos removal, you can find this information below.
Convictions and Fines
Some business owners think they can save time, money, and effort by not following all necessary processes and procedures regarding asbestos removal, but they might end up paying more than what following the law would have cost.
If caught, there’s potential for companies to be convicted and fined for unsafe practices. Worksafe is not afraid to hold businesses to account, and they have done so on many occasions.
Bays Boating Ltd
For example, WorkSafe brought charges against Bays Boating Ltd in the Nelson District Court in 2020 for exposing workers to risks from asbestos while demolishing a building. The company pleaded guilty and was fined $108,000. When you breach Health and Safety at Work (Asbestos) rules, you risk a fine of up to $500,000. WorkSafe described the company’s mismanagement as unacceptable.
According to WorkSafe reports, the company started demolishing a building in 2018 while knowing it contained asbestos in its roof and walls. WorkSafe’s principal advisor for asbestos, Robert Birse, said the company was aware of the asbestos but cut corners and carried out unsafe demolition work.
He also said the company should have ensured the building contained no asbestos and engaged a competent licensed person to remove it before demolition work commenced.
Topham Holding Limited
However, they weren’t the first company to undertake illegal and negligent asbestos removal work, and they sadly won’t be the last. In 2017, a small farming business near Timaru, Topham Holding Limited, was convicted and fined $10,000 in the Timaru District Court for failing to ensure asbestos was removed from a building before demolition commenced.
They had been demolishing an old chicken shed in 2016 and removed asbestos-containing sheeting without engaging a competent person to remove it. They had previously received advice from WorkSafe about the requirement for close management of asbestos removal.
Infringement Offences and Fees
All businesses must follow the Health and Safety at Work (Asbestos) Regulations 2016 to remain within the confines of the law and keep employees and the general public safe. However, if there weren’t repercussions for not abiding by those regulations, businesses might not follow them to the letter.
Both individuals and entities can receive thousands of dollars in fines for a number of different offences, and we’ve included a few of the most common ones below.
| Offence | Fee for Individual | Fee for Entity |
| Not making a copy of an asbestos management plan readily available | $1,000 | $6,000 |
| Not reviewing or revising an asbestos management plan | $1,000 | $6,000 |
| Using high-pressure water or compressed air on asbestos or ACM | $2,000 | $9,000 |
| Not notifying WorkSafe before commencing emergency demolition of structures or plant with asbestos | $1,000 | $6,000 |
| Worker failing to wear or use personal protective equipment | $500 | - |
| Failing to give written notice at least 5 days before starting licensed asbestos removal work | $1,000 | $6,000 |
The Health Implications
Being convicted and fined for failing to follow regulations to the letter is bad enough. Still, businesses might also not consider the potential health implications of not bringing in experts to take care of safe asbestos removal.
Scientists have already deduced that there is no safe exposure limit, which means that all asbestos-related tasks should be undertaken as if they could all lead to severe illnesses. Because they just might.
According to WorkSafe, the asbestos-related illness mesothelioma accounted for 100 occupational deaths in Aotearoa New Zealand alone. Respiratory illnesses like asbestosis also make up 20% of all work-related deaths.
Asbestosis
Asbestosis is a chronic lung disease associated with the inhalation of asbestos fibres. After prolonged exposure to the fibres, you can experience shortness of breath and lung tissue scarring, leading to an asbestosis diagnosis.
Most people who have been diagnosed with asbestosis worked with asbestos as part of their job. Having asbestosis puts you at an increased risk of developing lung cancer.
Mesothelioma
Mesothelioma is an aggressive and deadly form of cancer most often associated with asbestos exposure. In fact, asbestos is the primary risk factor.
Symptoms of it can include chest pain, coughing, shortness of breath, unusual chest lumps, and unexplained weight loss. Mesothelioma is not curable, and the survival rate is typically between four to 18 months.
What Businesses Should Be Doing Instead
Instead of breaking the law and circumventing regulations, businesses should be doing these four things.
Environmental monitoring – measure and track contamination
Training – making sure all employees understand asbestos, its health impacts, how to minimise exposure, controls to implement, and PPE use
Controls – engineering controls like dust suppressants and administrative controls like restricted work times
Health monitoring – check the health of employees potentially exposed to asbestos
Avoid the Hassle and Costs, Hire the Experts
Illegal and negligent asbestos removal can have serious health and legal implications. Why take the risk? Hire trained and qualified asbestos removal professionals to take care of asbestos removal from start to finish. Your wallet and reputation might just thank you for it.