High street giant Marks and Spencer have been accused of failing to protect workers and shoppers in a series of alleged asbestos related failures between 2004 and 2006. The breaches were thought to have taken place when refurbishment work was being carried out at its stores in Reading, Bournemouth and Plymouth.
Richard Matthews, prosecuting, told Winchester Crown Court how the retailer had failed to properly plan its renovation work and that adequate surveys to pinpoint the location of asbestos in the shops were not carried out, despite the fact it was experienced at handling the dust and had its own code of practice for dealing with it.
As a consequence of those failures, shoppers, staff and contractors could have been exposed to the dust, it was claimed.
Mr Matthews said, "Marks and Spencer had a duty to make sure asbestos did not take those working in the store by surprise. If that meant making the store unsightly to customers or interfering with their shopping experience then so be it - better an unattractive store in the short-term than the risk of anything else in the long term."
Marks and Spencer had pleaded not guilty to breaching three counts of the Health and Safety at Work etc. Act 1974 in relation to protecting its own staff, and three counts of that Act in relation to members of the public and other workers.
Co-defendants PA Realisations face one charge in relation to the spread of asbestos at the Reading store, and Wilmott Dixon Construction Limited face two charges relating to the Bournemouth store.
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