Letting agent fined for contractor’s safety failing

21 August 2015

A letting agent that was fined £4,000 for the actions of a self-employed handyman who became exposed to asbestos while working at a client’s property highlights the health and safety responsibilities letting agents (and other businesses) have for those working under their control.

In the example above, the handyman regularly carried out repairs on properties managed by Rochefort Shugar in Cardiff. Whilst repairing a leaking porch roof, the handyman disturbed asbestos, presenting a risk to others whilst failing to wear adequate protective clothing to protect himself.

The letting agent’s fine was due to their failure to first check that the contractor was competent to perform the job and further for their failure to ensure a risk assessment was carried out. In doing so, the agent was found guilty of breaching Section 3(1) of the Health and Safety at Work Act 1974.

HSE inspector Steve Richardson said: “Those in charge of maintenance and repair of buildings must ensure work is carried out by competent tradesmen, and that consideration is given to the presence of hazards such as asbestos.”

Whilst letting agents aren’t expected to know where asbestos exists in clients’ properties, they are expected to take reasonable steps to ensure that contractors they appoint are competent to perform the work asked of them and to ensure that suitable consideration is given to the risks involved. In this case, had the agent ensured that they appointed a contractor who could demonstrate evidence that they had undertaken asbestos awareness training and requested a risk assessment for the job in hand, then they could be deemed to have taken reasonable precautions.

Further information

For further information about the legal responsibilities of letting agents read our post Appointing contractors – legal duties for businesses.