Skip to content
Menu

Company director fined after removing asbestos without a license

By

4 November 2020

At a recent hearing in the Brisbane Magistrates Court, the business owner was fined $2,000 for an offence which occurred on or around 17 May 2019. He was the director of a company which had its asbestos removal license cancelled in July 2018.

The director of a company which had its asbestos removal license cancelled but subsequently engaged in removing asbestos containing material (ACM) from a property in Graceville has had his day in court.

At a recent hearing in the Brisbane Magistrates Court, the business owner was fined $2,000 for an offence which occurred on or around 17 May 2019. He was the director of a company which had its asbestos removal license cancelled in July 2018.

Last year, the specialist company was contacted by a builder to do demolition work and asbestos removal on the second story of a house in Nadine Street, Graceville. After successfully quoting for the job, the defendant forwarded the relevant Form 65 to complete the asbestos removal work indicating he was using another company’s license.

On 17 May 2019, the defendant and another worker removed 32.89m2 of ACM before Workplace Health and Safety Queensland attended the site and stopped them from finishing that work. The defendant indicated to the WHSQ inspector he was removing the ACM using the other company’s license.

Subsequent inquiries found the other company was unaware of the work being done by the defendant.

At the time of the work, the specialist company had no license to remove over 10m2 ACM, and as a worker of that business, the defendant was not authorised to do the ACM removal work on its behalf.

In sentencing, Magistrate Mark Nolan noted it was a serious matter, involving asbestos containing material removal without the appropriate license. His Honour acknowledged the defendant, having previously professionally engaged in that business, would have known it was required for that work.

Magistrate Nolan held the legislation and regulation worked to protect people from asbestos, and the defendant’s offending was in the context that he did the removal work without that license but did have an asbestos removal plan for the work to be undertaken.

In imposing a fine of $2,000 plus court costs of almost $1,600, his Honour indicated he had regard to the circumstances of the offending and the personal circumstances of the defendant.

No conviction was recorded.

View more prosecutions.

For any media enquiries, contact: enquiries@owhsp.qld.gov.au or 0478 33 22 00.