Christopher John Wenlock Reckers

Incident description:

On 3 June 2010 Christopher John Wenlock Rekers, and other people, were exposed to risks to their health when Mr Rekers used a high pressure water blaster to clean the asbestos-containing roof of a house on Coochiemudlo Island.

The court found the defendant held obligations under s.28 of the Workplace Health and Safety Act 1995, being a person who conducted a business or undertaking.

The investigation findings presented to the court revealed that:

• before he started work, Mr Rekers was informed the roof contained asbestos containing material (ACM)
• the occupier raised concerns with Mr Rekers about disturbing asbestos on the roof
• the occupier stated that Mr Rekers assured him there would be little or no risk performing the work and the occupier agreed to pay Mr Rekers $850.00 to do it
• Mr Rekers used a high pressure water blaster to clean the ACM roof
• Mr Rekers did not undertake a risk assessment or put appropriate controls in place before:
  • using the high pressure water process to clean the roof
  • working on the roof at a height in excess of three meters
• Mr Rekers was filmed by a neighbour during the water blasting cleaning process
• samples were taken by Workplace Health and Safety Queensland of the fibrous materials surrounding the house, which tested positive for ACM.

Court result:

The defendant pleaded guilty in the Cleveland Industrial Magistrates Court on 5 May 2011 to breaching s.24(1) of the Workplace Health and Safety Act 1995 having failed to meet his workplace health and safety obligations.

Industrial Magistrate Ehrich ordered the defendant pay one penalty of $5500 ($4000 for s.143(1)(b) and $1500 for s.318) as well as investigation and court costs totalling $2046.50.

In reaching a decision the industrial magistrate acknowledged the defendant failed to ensure the health and safety of himself and others. He took into account that ACM is a dangerous substance with the possibility of long term illness and needed to be managed properly.

In deciding the penalty imposed Industrial Magistrate Ehrich took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches, the defendant's personal circumstances, his volunteer work within the community, and several character references. He acknowledged the defendant had expressed some confusion in relation to the law but stated ignorance of the law is no excuse. No conviction was recorded.

Considerations for prevention:

(Commentary under this heading is not part of the Court's decision.)

When working in situations where there is exposure to risks from cleaning roofs made with ACM, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves:

• identifying the hazards
• evaluating the consequences and likelihood of harm that may result from the hazard
• deciding and implementing control measures to prevent or minimise the level of the risk from the hazard
• monitoring the effectiveness of the control measures to ensure they remain working correctly.

The use of high pressure water blasters to clean ACM roofs is illegal as it damages the roof surface causing the release of dangerous asbestos fibres. Homeowners and businesses face heavy penalties and the associated clean up costs of surrounding areas for using such methods.

Control measures for obligation holders when considering the need to clean ACM roofs include painting the roof, or applying a fungicide or sealant to provide a new finish, or replacing the roof with a non-ACM product.

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

• Asbestos
• Asbestos removal
• Managing risk 
• Employer training options
• Training staff 
• Workplace Health and Safety Act 1995
• Risk Management Code of Practice
• Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (2005)]
• Code of Practice for the Management and Control of Asbestos in workplaces [NOHSC: 2018 (2005)]
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995.