Uncontrolled asbestos spread - Self employed contractor sentenced

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A self-employed roofing contractor, Stephen Wilks, has been ordered to conduct unpaid labour following the uncontrolled spread of asbestos in a customer’s back garden, exposing two young employees and nearby homeowners to significant risk.

Video footage from a doorbell camera revealed portions of an old garage roof being disposed of with a lack of control measures.

Uncontrolled Asbestos spread

Footage of the crime being committed has been released by the Health and Safety Executive (HSE) for Global Asbestos Awareness Week.

The video demonstrates the dangerous procedures that resulted in this case by showing two employees working under Mr. Wilks’ supervision inappropriately removing asbestos debris from a nearby garden and discarding it in domestic waste bins.

The investigation findings and verdict

Stephen Wilks, trading as S Wilks Roofing, pleaded guilty to breaching Regulation 11(1) and Regulation 16 of The Control of Asbestos Regulations 2012, after work conducted under his control led to the contamination of a residential area with asbestos-containing materials, which require careful preparation and safety measures to stop asbestos exposure and spread while working without a licence.

Following an HSE investigation, Wilks – trading as S Wilks Roofing – pleaded guilty to breaching Regulation 11(1) and Regulation 16 of the Control of Asbestos Regulations 2012. These regulations mandate strict safety measures when working with asbestos to prevent contamination and exposure.

At a hearing held on March 28, 2025, at Ashton-Under-Lyne Magistrates Court, he was given a 12-month Community Order, ordered to perform 200 hours of unpaid work, and directed to pay £3,582.13 in costs.

The court heard how a property management company had commissioned Mr. Wilks to replace asbestos cement roof sheets on three garages off Green Walk in Bowden, Altrincham in February 2022.

A nearby household complained that debris had fallen into their garden while the repair was being done, therefore HSE launched an investigation. Analysis revealed that chrysotile asbestos was present in the debris.

Health and Safety Executive (HSE) inspectors discovered:

Ripped bags of asbestos waste stored in a publicly accessible area in front of the garages, with asbestos-containing materials spilling onto the ground and contaminating nearby undergrowth.
Further investigation revealed that residents’ personal belongings stored in the garages had also been contaminated.

S Wilks Roofing act after the incident

A certified asbestos removal contractor was hired to remove the debris in a safe manner and clean the impacted areas thoroughly.

HSE Inspector Phil Redman said:

“This was a serious incident that put Mr. Wilks, those working under his control, and members of the public, at risk from the potential harmful effects of being exposed to asbestos-containing materials.

“We encourage duty holders to make sure they have complete control over the dangers involved in removing asbestos-containing materials that do not need to be removed by a certified asbestos removal contractor.”

HSE enforcement lawyer Kate Harney and paralegal officer Rebecca Withell supported the prosecution.

Health and Safety Executive (HSE) campaign

The “Asbestos and You” campaign from HSE serves as a reminder to tradespeople of the risks associated with asbestos and the significance of handling it safely.

The regulator also provides comprehensive guidance for workers and employers about working safely with asbestos on its website. This includes:

Information on how to identify asbestos.
What to do if you find it
The appropriate safety measures needed when working with or around asbestos-containing materials.

Before beginning any activity that could disturb asbestos, workers in trades including construction, maintenance, demolition, and installation should make sure they have received the necessary training.

Frequently asked questions

What is asbestos?

Asbestos is a naturally occurring material that is present in soil and rock and was often used in construction and building up until the 1990s. However, it was later found that asbestos exposure can cause fatal lung conditions such as mesothelioma, which led to its ban.

Asbestos comes from mines across the world including Russia, Kazakhstan, Brazil, and China. The naturally occurring mineral is made up of heat-resistant fibres and there are three main types commonly found in the UK – brown, white, and blue.

Between the 1930s and the 1980s, it was mixed into cement, roofing felt, texture walls, ceiling coverings and floor tiles, and used on roofs, gutters, and window seals and to lag or insulate boilers and pipes.

There are many buildings still standing today which contain asbestos and could pose a health risk if the material is disturbed.

What does asbestos look like?

Asbestos can have different appearances depending on how it is used and its form.

Raw asbestos

In its raw form, asbestos often looks like a fibrous mineral with a whitish, greyish, or bluish-green colour. It can appear as thin, needle-like fibres or as bundles of fibres.

Asbestos-containing materials (ACMs)

Asbestos was commonly used in various building materials, so it might be found in different forms such as:

Asbestos cement: This material, often used in roofing, siding, and pipes, may look like ordinary cement but with fibres embedded in it.
Asbestos insulation: In buildings, asbestos insulation might appear as fluffy or fibrous material inside walls, ceilings, or around pipes.
Asbestos tiles: Asbestos-containing floor tiles can resemble vinyl tiles but may have a distinctive fibrous appearance on closer inspection.
Asbestos cloth or fabric: This might look like regular cloth but with a fibrous texture. It was commonly used in protective clothing and insulation.

When was asbestos banned in the UK?

Asbestos was fully banned in the UK in November 1999. This was when it was made illegal to buy, sell, import, or export any asbestos-containing materials.

However, the import and use of blue (Crocidolite) and brown (Amosite) asbestos was banned in the UK more than a decade before in 1985. All six types of asbestos can be deadly if you are exposed.

Asbestos disposal

Asbestos is hazardous when disturbed, as it releases microscopic fibres into the air that can be inhaled and cause serious health issues, including lung cancer and mesothelioma.

Therefore, it is crucial to handle any suspected asbestos-containing materials with caution and seek professional assistance for proper identification and safe removal.

The Health and Safety Executive issues guidance on asbestos regulations, including when you need to use a licensed specially trained contractor to remove the hazardous material.

Symptoms of asbestos exposure

According to the NHS, symptoms of asbestos exposure include the following:

Shortness of breath
Persistent cough
Wheezing
Extreme tiredness (fatigue)
Pain in your chest or shoulder
In more advanced cases, clubbed (swollen) fingertips.

However, it can take 20 to 30 years after being exposed to asbestos before symptoms appear, and sometimes there are no symptoms.

Asbestos related illnesses

Mesothelioma is a type of asbestos related cancer affecting the pleura (lining of the lung) but can also be found in the lining of the abdominal cavity (peritoneal) or the lining around the heart (pericardial). These conditions can also occur as a result of non–occupational, environmental exposure.

How to make a claim

If you have read the above and feel that you may be suffering from any of the symptoms whilst exposed to substances at work or school, call Oakwood Solicitors to speak to a member of our dedicated Industrial Disease team.

Self-employed contractor sentenced for uncontrolled Asbestos spread, endangering workers and homeowners