Nationwide Demolition fined after knowingly exposing Clayton South workers to asbestos
A demolition company that exposed workers to asbestos without proper safety equipment or covering has pleaded guilty in a Melbourne court.
South East
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A company from Melbourne’s north has fronted court over three charges of failing to provide a safe working environment after exposing workers to asbestos during the demolition of a vacant warehouse in Clayton South.
Campbellfield company Nationwide Demolition fronted Moorabbin Magistrates Court on March 1, pleading guilty to three charges including failing to comply with the terms and conditions of an asbestos removal license, failing to provide and maintain a safe working environment without risks to health of employees, and for failing to ensure the general public were not exposed to risks to their health and safety.
The court heard the company had given a quote of $80,000 to a Glen Waverley developer to demolish an old Australia Post warehouse in 2021, coming in “significantly lower” than other given quotes.
The warehouse contained both Class A (friable) and Class B (non-friable) asbestos, both needing specific licenses and practices in order to remove them safely.
Friable asbestos are typically loose and can be crumbled into fine material or dust with light pressure, unlike non-friable asbestos products which are solid and rigid.
Examples of friable asbestos-containing material are pipe lagging, boiler insulation and sprayed insulation, while non-friable asbestos products include asbestos cement sheets, vinyl floor tiles and bitumen-based waterproofing.
The court heard Hussein Abdullah, director of Nationwide Demolition, claimed to have the correct licenses on multiple occasions, despite not holding them at all.
Abdullah also failed to have a safety report and audit undertaken before removing anything containing asbestos, the court was told.
In August 2021, before the demolition of the post office began, CFMEU occupational health and safety officer Peter Clark attended the site and witnessed materials containing asbestos.
The court heard Mr Clark took photos of the site, and spoke with Abdullah about his concerns.
Again, Abdullah claimed to have the correct licences, and that he “had all the right clearances to remove the material.”
Mr Clark contacted WorkSafe following the conversation and days later, four WorkSafe officers attended the Clayton South worksite where Abdullah and an employee were already undertaking excavation work.
The court heard the officers ordered all work to stop in relation to the demolition of the warehouse, and five samples of material were taken for testing, all of which returned positive results for the toxic substance.
The court heard there were no decontamination facilities on site, and multiple parts of rubble containing asbestos lying in open spaces were uncovered, and workers weren’t wearing any protective equipment.
A report by an occupational hygienist read to the court found the “likelihood of exposure was at or above the standard for both workers.”
Magistrate Steven Raleigh said it was strange that WorkSafe had chosen to proceed against the company rather than the individual.
“Any fine I can possibly impose is unlikely to be paid, it seems like a strange exercise,” he said.
“Whatever order I make, it’s not going to be paid unless the company rises out of the dust and comes back into existence.”
Magistrate Raleigh told the court the order he was making was to send a general deterrent to the public that they must comply with asbestos regulations.
“My aim is to send a general deterrent messaged to the public. I’ve got friends with mesothelioma, it’s a shocking thing,” he said.
“Too many people cut corners, it’s a preventable illness.”
Magistrate Raleigh fined Nationwide Demolition $9000 and a further $4904 for legal costs.
