An asbestos sheet roof which has caused the temporary closure of two businesses on Woolley Street in Dickson for over three months is being replaced this week.
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But the owner of CNS Transmission, who has been locked out of his automotive workshop since January 23, says the roof problems have all but ruined his business of 22 years.
The mechanic has commenced legal action against the owners of the building, who were informed in 2008 by licensed asbestos inspector Arthur Watson that the roof should be replaced.
Meanwhile, ACT Work Safety Commissioner Mark McCabe said his inspectors were also investigating whether any of the parties, including the owners of the building, had breached ACT legislation.
If that were the case, they could face potential prosecution and sizeable fines.
ACT WorkSafe issued a prohibition notice on the Woolley Street property in late January after tests confirmed asbestos fibres were falling from the ageing sheeting and into the CNS workshop as well as Morris Bros automotive workshop and the food storage room of Ruby's Restaurant.
The owners of Ruby's co-own the building and said they were cooperating fully with WorkSafe in having the roof replaced.
But the mechanic said he had been locked out of his business for three months without access to his equipment - all of which needed to be decontaminated of asbestos dust.
Two customer's cars remain locked inside the workshop and contaminated with asbestos dust - with the owners being irate at being left without their cars for three months.
"I just don't know what to tell them. The last few months have been a nightmare," the mechanic said.
But more worrying than his financial issues were medical tests which suggested his lungs were enlarged. He has been referred on for further testings.
The mechanic contacted WorkSafe in January over the state of the building after years of dealing with what he described as excessive dust.
He had an asbestos assessment by Mr Watson in 2012, which confirmed asbestos dust was present in the workshop. He informed his real estate agent who organised for some sealant to be placed around a skylight.
But the dust problems persisted and when the mechanic called WorkSafe in January, further testing confirmed asbestos dust in other parts of the building.
WorkSafe said on Tuesday they had inspected work on the roof and it was being done in a manner consistent with ACT legislation. The prohibition notice would be lifted when the roof was completed and decontamination of affected workshops had been completed.
A lawyer for the building's owners said the mechanic had not paid rent for 12 months and his complaints should be seen in the context of an ongoing dispute with the landlord over the rent. He said the landlord had been ready to remediate the workshop six weeks ago but had been frustrated through a lack of cooperation with the mechanic - who wanted independent testing done.
His lease had since been terminated, and the lawyer said the property would be remediated at the landlord's expense - with the mechanic able to collect his property as soon as it was completed.
