A house painter’s failure to protect his workers and the public from asbestos has been labelled disgraceful by a Brisbane magistrate.
The defendant recently was fined $3000 after pleading guilty to three charges in the Brisbane Magistrates Court. The charges related to breaches of Queensland’s work health and safety laws when he allowed a worker to use a high-pressure water spray on asbestos containing material.
He was penalised for not complying with an improvement notice, although the nearly $50,000 cost to clean and make the property and its neighbours safe was left to the Queensland Government.
The court heard the defendant breached the Work Health and Safety Act 2011 and regulation while painting a Norman Park house, which he was aware contained asbestos. He also did not hold a current QBCC trade contractor’s licence after failing to renew.
Witnesses saw a worker cleaning the roof using water and a muddy splotchy substance stuck to a neighbour’s external wall. In response to complaints, Workplace Health and Safety Queensland inspectors found the roof was made of corrugated asbestos cement sheeting.
Testing revealed asbestos contamination caused by high-pressure water spray blasting of the roof. The defendant received an improvement notice to make the property safe and ensure all asbestos was contained, labelled and disposed of, which did not happen.
In sentencing, Magistrate Michael Quinn observed the seriousness of the offending, particularly as the safety of the community was put at risk. Mr Quinn was of the view that the defendant’s conduct was very close to a wilful disregard of his duties and responsibilities.
The magistrate also commented that the defendant’s behaviour in receiving $6000 for the work, failing to repay any portion of it, and subsequently claiming he was impecunious, was an aggravating factor as it demonstrated a near callous disregard for the safety of the public. He had regard to the difficulties the defendant suffered as a migrant and in speaking English.
When considering the penalty to be imposed, the magistrate took into account the defendant’s difficult financial circumstances and the fact he was also paying a $6500 fine for his unlawful conduct in carrying out work without the appropriate licence. He said the defendant’s conduct was disgraceful and imposed a $3000 fine and costs of $1000, with no conviction recorded.
Read more on asbestos and common places it can be found.
Low density asbestos fibre board (LDB) will be classed as a friable from 1 May 2021. LDB is a lightly compressed board which looks like cement sheeting or plasterboard but crumbles easily (friable) and can release asbestos fibres into the air. A class A licensed asbestos removalist must be engaged to remove LDB from a property.