Prosecution after risky asbestos removal

Joshua Marshall, operating as Affordable Demolitions and Asbestos Removals, was convicted and fined $35,400 after being caught by WorkSafe Victoria for carrying out unlicensed asbestos removals. He told two separate homeowners he was licensed by WorkSafe to carry out asbestos removal work, although he didn’t hold a licence.

In the Geelong Magistrates’ Court, Marshall was convicted on two charges under the Occupational Health and Safety Act 2004. The court also required him to enter into an undertaking with special conditions, including removing advertisements for his company from the Yellow Pages and to apologise to the property owners.

“If you’re hiring someone to carry out renovation, removal or demolition work of material which contains asbestos, it’s highly likely this person will need a licence from WorkSafe,” Executive Director for Health and Safety Ian Forsyth said. “Marshall knew about the licensing requirements; he’d previously applied for a licence but wasn’t successful.”

The first incident was in January 2009, when Marshall was hired to remove asbestos cement sheeting from a house. He was halfway through the job when a WorkSafe inspector arrived at the property in response to an anonymous complaint.

“What our inspector found was unbelievable,” Forsyth said. “No barriers were in place to protect the rest of the house from dust or airborne fibres, the truck being loaded up with material wasn’t covered, and there were no signs to alert people to the work. Also, Marshall and the person helping him weren’t protecting themselves with PPE like face masks and overalls.”

The second incident occurred when Marshall was demolishing a garage at a house in September 2009. Again, he assured the homeowner he held a licence to remove and dispose of asbestos.

“When asbestos removal is carried out by a licensed removalist, there shouldn’t be any risk to the removalist or other people in the area,” Forsyth continued. “If you’re hiring someone to remove asbestos, make sure you see their licence or get in touch with WorkSafe to check they’re licensed. Don’t just take their word for it.

“There are people out there trying to make a quick buck by putting themselves and others at risk. If they’re offering a quote which is lower than other removalists, there’s usually a reason for it.

“This prosecution isn’t just about safety. We want the asbestos removal industry to operate on a level playing field. Removalists who are licensed and operate safely shouldn’t be undercut by people like Marshall.”