A roofing and cladding contractor has been prosecuted for the illegal and unlicensed removal of asbestos from a residential premises in South Australia, with the Magistrate stating that the exposure at the site of a newborn baby to asbestos was highly egregious conduct by the contractor.

The contractor was engaged to remove a licensable quantity of external cladding known to contain asbestos but the homeowner became concerned the work was not being done in a safe or competent manner. The concerns arose in part because there was no air monitoring, no plastic sheeting or covering of the load, and workers were seen breaking apart the cladding with crowbars, leaving debris in the yard.

SafeWork SA was notified and issued a prohibition on further work while samples were tested, which later confirmed that they definitely contained asbestos. Due to the lack of air monitoring, it was not possible to determine the level of any exposure during the works. However, the lack of safety measures surrounding the asbestos removal had certainly posed a significant health risk to them all.

SafeWork SA charged the contractor with a Category 3 offence relating to undertaking asbestos removal work in an unsafe manner and a second charge for undertaking asbestos removal work while not licenced to do so.

The Magistrate imposed a $70,000 fine for the first offence and $14,000 for the second offence. The fines were reduced to a combined total of $67,200 following a 20% discount.

The fines were ultimately waived due to personal circumstances of the contractor, but the contractor was still ordered to pay the homeowner $11,330 in compensation and a victim injury compensation levy of $686.