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20/01/2017

Asbestos Analyst Prosecuted For Forging Air Clearance Certificate

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An asbestos analyst has been prosecuted for deliberately forging an asbestos air clearance certificate.

Barrie Lyons, of Bishops Stortford, Hertfordshire, pleaded guilty to breaching Section 7(a) of the Health and Safety at Work etc. Act 1974. He was fined £2,000 with over £3,905 in costs.

Greater Manchester Magistrates' Court, sitting at Manchester and Salford Court House, heard how Mr Lyons was a well-trained analyst with 29 years of experience.

He was contracted to carry out the final inspection and air testing of a construction site, following the removal of asbestos, in central Manchester on 19 November 2015.

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.

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However, an investigation by the Health and Safety Executive (HSE) discovered that My Lyons had not carried out a suitable inspection of the site, including not carrying out the correct amount of air sampling, despite his report to his employer and the client indicating that he had.

Effectively, My Lyons deliberately faked his report, meaning his published results could no longer be relied upon. This resulted in the removal contractor having to carry out a second clearance test, adding further expense and causing significant delays.

HSE inspector Matthew Greenly said: "This deliberate act increased the risk of numerous people potentially being exposed to asbestos, a risk Mr Lyons would be very well aware of from his experience, all to save a little time and finish the job early.

"Asbestos analysts play a vital role in ensuring that areas are safe to enter after asbestos is removed. Mr Lyons sadly chose on this occasion to falsify his records which was a massive abuse of the trust placed in him by the client."

(LM)

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