Following a 3 month trial at Winchester Crown Court, a hearing is currently underway at Bournemouth Crown Court in which Marks & Spencer and three contractors will be sentenced for health and safety breaches that took place whilst two M&S stores were being refurbished. The firms involved failed to protect workers and the public from possible asbestos exposure.
Investigators found that M&S management were more worried about the way the Reading and Bournemouth sites looked and the way people's shopping experience would be affected, rather than the dangers posed by asbestos.
Ceiling tiles and other features containing asbestos were removed by construction workers between 2006 and 2007, but M&S' own guidance on asbestos removal wasn't properly followed.
M&S didn't allow enough time and space for the hazardous material to be removed at the Reading store, and contractors had to work through the night, with the store opening for business again each morning. Following an HSE investigation, M&S was found guilty of 2 breaches of the Health and Safety at Work etc Act 1974, whilst PA Realisations, of Manchester, was convicted of breaching the Control of Asbestos at Work Regulations 2002 at the Reading store, and Cheshire-based Styles & Wood admitted a breach of the Health and Safety at Work etc Act 1974.
In relation to the Bournemouth store, Hertfordshire-based Willmott Dixon Construction was also found guilty of breaching the Health and Safety at Work etc Act 1974.
The court heard that M&S failed to undertake adequate surveys to identify where asbestos was located in the 2 stores, despite the company's experience in dealing with the removal of this material - asbestos was present in 70% of their stores, and they have their own code of practice for its removal. The prosecution accused the company of failing in its duty to ensure that contractors were alerted to the presence of asbestos, and prioritising the appearance of the store ahead of safety concerns.
Investigators found that M&S management were more worried about the way the Reading and Bournemouth sites looked and the way people's shopping experience would be affected, rather than the dangers posed by asbestos.
Ceiling tiles and other features containing asbestos were removed by construction workers between 2006 and 2007, but M&S' own guidance on asbestos removal wasn't properly followed.
M&S didn't allow enough time and space for the hazardous material to be removed at the Reading store, and contractors had to work through the night, with the store opening for business again each morning. Following an HSE investigation, M&S was found guilty of 2 breaches of the Health and Safety at Work etc Act 1974, whilst PA Realisations, of Manchester, was convicted of breaching the Control of Asbestos at Work Regulations 2002 at the Reading store, and Cheshire-based Styles & Wood admitted a breach of the Health and Safety at Work etc Act 1974.
In relation to the Bournemouth store, Hertfordshire-based Willmott Dixon Construction was also found guilty of breaching the Health and Safety at Work etc Act 1974.
The court heard that M&S failed to undertake adequate surveys to identify where asbestos was located in the 2 stores, despite the company's experience in dealing with the removal of this material - asbestos was present in 70% of their stores, and they have their own code of practice for its removal. The prosecution accused the company of failing in its duty to ensure that contractors were alerted to the presence of asbestos, and prioritising the appearance of the store ahead of safety concerns.
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