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Court Summary - at a glance
It was reasonably practicable for McManus Hotel Limited to:
- Follow an adequate contracting process that identified the risks associated with the demolition and ensured the contractor was competent to undertake the work prior to the work commencing;
- Ensured a systematic asbestos survey was carried out prior to the work commencing;
- Developed an adequate demolition plan prior to the work commencing;
- Ensured the excavator provided to the contractor was fit for purpose.
Demolition began sometime in July/August 2017. On 6 September 2017, a member of the public raised concerns with WorkSafe about unsafe demolition practices at the site. WorkSafe issued a non-disturbance notice to the Defendant on 8 September 2017. An asbestos sample was carried out on 13 September 2017, which confirmed the presence of asbestos. WorkSafe’s investigation found that the Defendant had exposed workers to the risk of death or serious illness from the exposure to asbestos and to a risk of death or serious injury from being bit by falling objects. "