Greater Manchester Magistrates’ Court, sitting at Manchester and Salford Court House, heard how, Mr Barrie Lyons, a well-trained asbestos analyst with 29 years of experience, was contracted to carry out the final inspection and air testing, following asbestos removal at a construction site in central Manchester.
Mr Lyons’ task included a thorough examination of the area where asbestos had been removed from, within the defined enclosure itself and the areas surrounding it. He also had a series of air samples to collect and evaluate, to ensure that the air was substantially free of asbestos.
The investigation by the Health and Safety Executive (HSE) revealed that Mr Lyons had failed to carry out a suitable inspection of the site and had not carried out the correct amount of air sampling, despite his report to his employer and the client indicating that he had. In effect, Mr Lyons had deliberately falsified his report and so his published results could no longer be relied upon. The asbestos removal contractor had no option but to have a second clearance test carried out which incurred significant delays and additional expense.
Mr Barrie Lyons, of Bishops Stortford, Hertfordshire, pleaded guilty to breaching Section 7(a) of the Health and Safety at Work etc. Act 1974 and was fined £2000 and ordered to pay costs of £3905.73
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