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MJ Allen Holdings site on the Cobbs Wood Industrial estate fined £160k over asbestos roof scare

An Ashford engineering company has been fined £160,000 after it admitted breaching Health and Safety laws after a worker nearly fell through an asbestos roof.

Prosecutor Adam Payter told Canterbury Crown Court that the employee had been working on the roof of the MJ Allen Holdings site on the Cobbs Wood Industrial estate in Hilton Road, Ashford.

The accident left workers at the site fearful because asbestos fibres may have been exposed to the air, the court heard.

Ashford Cobbs Wood Industrial Estate Mj Allen Works. Picture: Paul Amos
Ashford Cobbs Wood Industrial Estate Mj Allen Works. Picture: Paul Amos

MJ Allen Holdings admitted “failing to take suitable and sufficient measures to prevent three employees falling a distance”.

The court heard how the three men, supervisor David Mitchell, Peter Whitewood and Peter Rodriquez were maintenance workers who had been tasked to remove a roof fan in September 2014.

“The roof fan was positioned three-and-a-half metres above a concrete floor and the roof was made of asbestos,” Mr Payter said.

“The roof was fragile and work should have been carried out using a work platform.

“The three accessed the roof from outside using a ladder. They then used crawling boards to walk the two metres.”

Judge Adele Williams
Judge Adele Williams

Mr Payer said during the work Mr Rodriquez’s foot slipped through the roof and asbestos sheets.

“Fortunately he did not fall to the ground,” Mr Payter said. “If he had done so, he could have suffered life-threatening injuries.

“In addition, he or debris could have landed on Mr Mitchell and Mr Whitewood. Other employees about eight to 10 metres away in a nearby workshop were potentially exposed to, and complained about, asbestos fibres that were released when the panel broke.”

Mr Payter said there were no edges to the crawling boards and the three men were not wearing safety harnesses and helmets.

The next day two employees went back up on the roof to continue the work “using the exact same flawed methodology as the day before,” Mr Payter said.

MJ Allen is based in Cobbs Wood Industrial Estate in Ashford
MJ Allen is based in Cobbs Wood Industrial Estate in Ashford

Paul Rogers, defending, said the company had been trading since 1958 and this was the first time it had appeared in court.

“The risks were not identified properly but this was a relatively isolated breach,” Mr Rogers said. “This company is a good and respectable employer, with a commitment to health and safety and an impeccable record so far.”

Judge Adele Williams, who also ordered the firm to pay prosecution costs, said: “The company has an exemplary record and is to be commended for that but it failed to supply suitable working at height equipment. Changes have now been made.”

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