Jack De Beer

Incident description:

On 9 October 2007 demolition work was conducted by Jack De Beer (defendant) on a dwelling that comprised asbestos containing material (ACM).

The investigation found Jack De Beer operated as a sole trader.

The investigation identified Jack De Beer held obligations under s.28(1) Workplace Health and Safety Act 1995 being a person conducting a business or undertaking.

The investigation revealed that he knew the product on site was ACM. The asbestos removal work was not completed in accordance with Code of Practice for the Safe Removal of Asbestos 2nd Edition [NOHSC:2002(2005)]. The obligation holder was issued with notices to cease work until he met these requirements. The obligation holder continued demolition work on 9, 10 and 13 October 2007. The obligation holder did not hold the appropriate authority to undertake the asbestos removal work.

Court result:

Jack De Beer pleaded guilty in the Brisbane Industrial Magistrates Court on 16 March 2009 to breaching s.117, 118, 171 and 172 Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations. He was fined and a conviction was recorded.

Industrial Magistrate Mr Graham Lee ordered Jack De Beer be placed under a good behavior bond with a recognisance in the sum of $7500 as well as professional and court costs $1225.40.

Considerations for prevention:

When working in the construction industry where there is exposure to risks from ACM during demolition work, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves evaluating the consequences and likelihood of harm that may result from the hazard, deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard and monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding on and implementing appropriate control measures associated with the demolition of structure containing ACM, obligation holders should consider the requirements outlined under the Code of Practice for the Management and Control of Asbestos [NOHSC:2018(2005)] and the Code of Practice for the Safe Removal of Asbestos 2nd Edition [NOHSC:2002(2005)]. Part of the code requires that the person conducting the asbestos removal work should hold the appropriate class of licence to undertake the work.

Visit the Workplace Health and Safety Queensland website for more information on:

• health and safety information for construction
• managing and removing asbestos-containing material
• Workplace Health and Safety Act 1995
• Risk Management Code of Practice 2007
• Code of Practice for the Management and Control of Asbestos [NOHSC:2018(2005)]
• Code of Practice for the Safe Removal of Asbestos 2nd Edition [NOHSC:2002(2005)].