HSE could fine Lincoln building firm £1m if convicted of asbestos offences

A Lincolnshire construction company could face fines of up to £1m for health and safety breaches involving asbestos if convicted at court.

Gelder Ltd appeared at Lincoln Magistrates’ Court on Monday afternoon accused of two health and safety breaches.

The Sturton by Stow company is charged with two charges of contravening a health and safety regulation. The Court Papers relating to the matter state that:

“Being an employer within the meaning of the Health and Safety at Work etc Act 1974 (“the Act”), it failed to discharge the duty imposed on it by section 3(1) of the Act, in that if failed to conduct its undertaking, namely refurbishment at the above address in such a way as to ensure, so far as was reasonably practicable, that persons not in its employment who may have been affected thereby, including Anthony Potterton and Neil Jennings, were not thereby exposed to risks to their health or safety, namely exposure to asbestos fibres, whereby it is guilty of an offence contrary to section 33(1)(a) of the Act.”

No pleas were entered when the company boss, Stephen Gelder, appeared in court and the case was adjourned to be heard at Lincoln Crown Court at a date to be set.

Simon Batiste, prosecuting on behalf of the Health and Safety Executive, said that if found guilty, the company could face a fine of between £450,000 and £1m.