WorkSafe warns property owners after asbestos stop-work order breaches

Author: Ben O'Connell
WorkSafe warns property owners after asbestos stop-work order breaches

WorkSafe New Zealand is reminding property owners and contractors that inspector notices are legally enforceable after a Palmerston North property owner was convicted for repeatedly ignoring asbestos-related stop-work orders.

The warning follows the sentencing of Sanal Lonappan, who continued refurbishment work on a building confirmed to contain asbestos despite a prohibition notice requiring work to stop immediately.

WorkSafe first became involved in May 2022 after concerns were raised about the possible presence of asbestos in the building. Inspectors later confirmed asbestos-containing materials were present and issued prohibition notices to prevent further disturbance during refurbishment work.

According to WorkSafe, the notices were repeatedly ignored. Inspectors observed work continuing at the site despite the stop-work order, and Mr Lonappan was also seen removing notices that had been placed at the building’s entrances. WorkSafe said there were also repeated failures to provide requested documents and information during the investigation.

WorkSafe area manager Carl Baker said the case demonstrated the serious consequences of failing to comply with inspector directions.

“This was not a one-off lapse. There were multiple chances to engage and put things right,” Baker said.

“Ignoring our notices did not avoid accountability – it led to a conviction and a fine. When we issue a prohibition notice, work must stop immediately. That notice exists because there is a risk of serious harm. It is a legal requirement, not a suggestion.”

The case highlighted the dangers posed by asbestos exposure during refurbishment work. WorkSafe said soffit linings were being removed from a canopy directly above a public footpath, creating the risk of airborne asbestos fibres affecting both workers and members of the public.

Asbestos remains the leading cause of work-related deaths in New Zealand, contributing to around 220 deaths every year. Because asbestos-related illnesses can take decades to develop, exposure today may not become apparent until many years later.

WorkSafe is urging anyone undertaking work on buildings constructed or renovated before 2000 to treat asbestos as a serious risk and ensure surveys, testing, and licensed removal procedures are completed before refurbishment or demolition begins.