The 16-year-old had been working for P Turnbull Joinery and Building Services Ltd on an outbuilding of a domestic property after the firm had been hired by Alt Berg Holding Limited to refurbish the property in Richmond, North Yorkshire.
He had been tasked with breaking up cement sheets taken from the roof of the property and putting them into a skip on 7 June 2021. However, asbestos was later found to be in the cement sheets, exposing the worker to toxic asbestos fibres.
A Health and Safety Executive (HSE) investigation found that Alt Berg Holdings Limited had failed to carry out an asbestos refurbishment and demolition survey of the property, which would have identified the asbestos. Meanwhile, P Turnbull Joinery and Building Services Ltd had not properly assessed the work and failed to prevent the worker being exposed to asbestos.
Concerningly, if asbestos-containing materials, such as the cement sheets in this case, are damaged or disturbed, it can cause the toxic fibres to be released into the air. This becomes dangerous as the particles can become suspended in the air, and people can inhale them without realising.
Asbestos exposure can cause fatal illnesses such as incurable lung cancers, and mesothelioma. It is also the case that symptoms often don’t occur until decades after the exposure, meaning that is often too late to treat as it is often diagnosed in advanced stages.
P Turnbull Joinery and Building Services Ltd, of Attwood Terrace, Wolsingham, Durham, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £2,000 and ordered to pay £500 in costs at Peterlee Magistrates’ Court on 20 June 2024.
Alt Berg Holdings Limited, of Moor Road, Melsonby, Richmond, North Yorkshire, pleaded guilty to breaching Regulation 4(4) of the Construction (Design and Management) Regulations 2015. The company was fined £6,000 and ordered to pay £1,950 in costs at Peterlee Magistrates’ Court on 20 June 2024.
HSE Principal Inspector Chris Tilley commented:
“A suitable and sufficient asbestos refurbishment and demolition survey of the building undertaken by the client and provided to the contractor before work started would have identified the presence of asbestos in the roofing materials.
“The contractor could have ensured that suitable controls were put in place and the asbestos removed safely before further work was undertaken.
“This incident could so easily have been avoided by the provision of suitable and sufficient pre-construction information, effective communication between the parties and the use of correct control measures and safe working practices.”
Asbestos is a naturally occurring material that is present in soil and rocks. It was commonly used in building and construction due to its strong durability such as fire and heat and water resistance.
However, it was later found that inhaling the materials can cause fatal lung diseases and other health conditions and it was banned in the UK among other countries.
Asbestos fibres in their natural form are long and thin and usually appear as blue, brown or white under a microscope. They will also crumble or powder easily if disturbed. However, asbestos fibres are so small, that once they have been disturbed and enter the atmosphere, they will not be visible to the naked eye.
Asbestos was also used in building materials, such as insulation, concrete wall paint and ceilings – making it extremely hard to spot. The best way to identify asbestos is by thinking about the age of a building and if any work was done during this time.
Asbestos was commonly used between the 1950s and 1990s in the UK. If you are concerned that your home was built during this time, or had building work done, such as new loft insulation, you should consult a professional to conduct an asbestos test on your home.
Asbestos was fully banned in the UK in November 1999. This made it illegal to buy, sell, import or export any asbestos-containing materials. Before the full ban, blue and brown asbestos was banned in 1985, while white asbestos was used until the 1990s.
Asbestos can be hard to identify as it was commonly used within building materials such as wall paint, cement and insulation. However, if you suspect your home contains asbestos, you should consult a professional to conduct a test.
If asbestos-containing materials are damaged or disturbed, it can cause the toxic fibres to be released into the air. This becomes dangerous as the particles can become suspended in the air, and people can inhale them without realising.
The issues occur as the toxic fibres can get stuck in the lungs, and cause damage over time.
Asbestos exposure can cause fatal illnesses such as incurable lung cancers, and mesothelioma. It is also the case that symptoms often don’t occur until decades after the exposure, meaning that is often too late to treat as it is often diagnosed in advanced stages.
There are currently around 2,500 deaths from mesothelioma each year in the UK. This number is expected to drop in the future because asbestos was banned in 1999.
Asbestos may be present in any house or building built before the year 2000, as it was widely used in a variety of building materials.
The UK Health Security Agency (UKHSA) does not recommend the DIY removal of asbestos without advice. If you find any asbestos which requires removal, you should contact your local council for more information about asbestos and its disposal.
Mesothelioma and asbestosis claims – Oakwood Solicitors
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Meet the author
Liam Hill is a Solicitor and Deputy Head of the Industrial Disease Team, having trained and qualified at Oakwood Solicitors. Liam joined us in 2013 after successfully completing the Legal Practice C…
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