AG -v- Coastline PVCu and States Employment Board [2009] JRC 152 (30 July 2009)

AG -v- Coastline PVCu and States Employment Board [2009] JRC 152 (30 July 2009)

The greater responsibility for the release of asbestos lies with the Board due to its failure to inform Coastline of the presence of AIB, despite having the information and written procedures; Coastline's lack of training and failure to enquire also contributed but was secondary.

Citation
[2009] JRC 152
Parties
Defendant: Coastline; Defendant: States Employment Board
Jurisdiction
Jersey
Judgment Date
30 July 2009
Procedural Posture
Criminal / Judgment
Outcome
fines imposed
Legal Topics
Asbestos Exposure, Workplace Safety, Failure to Communicate Hazardous Material, Training Obligations
Health and Safety Criminal Law Asbestos Exposure Workplace Safety Failure to Communicate Hazardous Material Training Obligations

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Parties

Coastline

Defendant

States Employment Board

Defendant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 failure to communicate presence of asbestos insulation board (AIB)
  2. 2 adequacy of health and safety procedures
  3. 3 training of employees regarding asbestos risks

Ratio Decidendi

The greater responsibility for the release of asbestos lies with the Board due to its failure to inform Coastline of the presence of AIB, despite having the information and written procedures; Coastline's lack of training and failure to enquire also contributed but was secondary.

Court Disposition

fines imposed

Orders

  • Coastline fined £4,000 on each count and £2,000 costs, total £10,000 payable at £1,000 per month.
  • States Employment Board fined £10,000 and £2,000 costs, payable within 14 days.