The snag with this is the parallel impotence of Governments to firmly address the issue of bogus contractors. Bewildered citizens are then faced with the challenge of deciding whether or not your healthy protestations are really a devious ploy to extract more money: We are now going to try to correct that.

We suggest you print this page and present it to customers whenever that seems appropriate. We may even set up a new section to contain similar documents. Ideas are invited on how that may be developed for maximum benefit: For now a little story.

Once upon a time Mr Rabbatt ripped out an inefficient old boiler with conventional asbestos flue from a customer’s house. A nice new gas boiler was fitted. Building work finished they bagged all the waste as usual, loaded it into the van and set off for the tip. We’ve all done it many times in the past. En-route to the tip the van was stopped by Police during a routine roadside check then the Environment Agency took over. The result was a fine and costs totalling £ 1910 .00p.

What Mr Rabbatt should have done, as you must do:

Recognise that all asbestos is classified as ‘special waste’ under the Control of Pollution Act.

Register with the Environment Agency for permission to carry such waste as part of the business.

When carrying such waste, generate a consignment note prior to setting out, explaining what is being carried, how it can be hazardous and how it should be handled.

Double bag the asbestos waste.

Follow the links in our Library on asbestos.

What Mr Rabbatt could also have been prosecuted for:

Breaking up the offending material into small pieces when that in itself could be hazardous.

Health and Safety offences if employees were involved in the process.

Health and Safety offences if the customer was put at risk.

Health and Safety offences if third parties were put at risk.

What Mr Rabbatt could have done:

Work out what additional costs arise from compliance with these regulations which are manifestly in the interests of safety and add that separately to his quotation, in which case we recognise he might lose the job.

Dismantle the offending material carefully with due regard for regulations and set it aside for removal by licensed people, giving the customer appropriate advice (Councils have a list of licensed operators) and ask the customer to make their own disposal arrangements, as part of the quotation.

What Government should have done:

Make it incumbent upon Local Authorities to collect on demand and remove any and all material in this category, billing the building owner, with no exceptions permitted.

Only permit the transportation of such waste by people acting on behalf of the Local Authority, all others being prosecuted.

Story source: PHAM News / Volume 41 / Number 10 / October 2003.

Editor’s Footnote (20.10.2003) - We have spoken with the Environment Agency today and whilst householders can deposit asbestos waste in the correct skip at Council refuse tips, traders of any description must follow procedures. For any trader to transport any waste whatsoever, they must be registered. Registered carriers are automatically authorised to carry asbestos waste but obviously must follow the correct protocol. Skip companies can transport waste which includes asbestos but with even a minute amount of asbestos in the skip, the load is regarded as wholly asbestos and charged accordingly. An authorised carrier could collect bagged asbestos on top of a loaded skip and decant the bags back at the yard into a dedicated asbestos skip. For full details contact the Environment Agency.