Company Director Jailed for Unsafe Work with Asbestos

An asbestos removal company has been convicted, and its director given a prison sentence after failing to ensure the safe removal of asbestos. Asbestos Boss Limited, also known as Asbestos Team and its director, Daniel Luke Cockcroft, advertised as a licensed asbestos removal company and removed licensable material from domestic properties throughout Great Britain.

An investigation carried out by the Health and Safety Executive (HSE) found that Asbestos Boss Limited had never held a licence and their poor working practices resulted in the large-scale spread of asbestos and exposure to homeowners and their families. Little to no precautions were taken by Asbestos Boss Limited and so their own workers, as well as anybody at the premises they were working on, were at serious risk of exposure to asbestos. The company and their director also breached a prohibition notice on several occasions.

HSE Inspector Matt Greenly said: “Asbestos is a killer. Companies and their directors need to recognise the dangers of removing asbestos by themselves both to their employees and others. Asbestos removal should only be carried out by trained personnel who understand the risks and how to control them.

Graham Warren, ACAD Manager, commented, “ACAD welcomes this prosecution and the imprisonment which starts to reflect the seriousness of the shocking breaches involved here. It can be difficult for the uninformed client when it comes to Asbestos, but the most straightforward check available to all is via the ACAD website to ensure anybody they ask to work on Asbestos is a member of ACAD”.

The Investigation and Findings

Numerous Cases of Unsafe Asbestos Removal

The joint investigation by the Health and Safety Executive (HSE) and Stockport Trading Standards revealed a number of similar cases of licensed work being done across the country. There were little to no precautions taken, and so their own workers, as well as anybody at the premises they were working on, were at serious risk of exposure to asbestos.

Falsification of Documents and Breaching Prohibition Notices

It was also discovered that Asbestos Boss Limited provided fake air test certificates and waste transfer notes to customers and had also falsified asbestos training certificates and insurance documents. The company and Daniel Cockcroft also breached a prohibition notice on several occasions.

The Prosecution and Sentencing

Company Director Sentenced to Prison

At Manchester Magistrate's Court on 10 March, Company director Daniel Luke Cockcroft of Darnes Avenue, Halifax, pleaded guilty to all charges and was immediately imprisoned for 10 months and ordered to pay victim compensation.

Company Fined and Ordered to Compensate Victims

At the same hearing in March, Asbestos Boss Limited of Old Gloucester Street, London was found guilty of breaching regulations 8(1) and 11(1)(a) of the Control of Asbestos Regulations 2012. They were also found guilty of one charge relating to the failure to comply with a prohibition notice at two separate addresses which prevented them from working with licensed asbestos materials. The company was also sentenced in relation to their conviction for fraud in relation to falsifying training certificates, a business insurance document and unauthorised use of trade association logos. This gave the impression that the business was credible and that workers were adequately trained and competent in relation to asbestos removal.

In the sentencing hearing held on 12 April, the company failed to attend or offer any mitigation and was sentenced to pay a fine of £80,000 as well as compensating the victims for the full costs of the work paid for at the time. This combined compensation order totalled around £10,000.

The Dangers of Asbestos

Asbestos Exposure and Its Effects

Asbestos is a naturally occurring mineral that has been widely used in various industries due to its high heat resistance, malleability, and low cost. However, exposure to asbestos fibres can cause serious health issues, including lung cancer, asbestosis, and mesothelioma.

Safe Removal of Asbestos

Asbestos removal should only be carried out by licensed and trained professionals who understand the risks and how to control them. Proper safety measures, such as wearing protective equipment and using appropriate tools, must be employed to prevent the spread of asbestos fibres and reduce the risk of exposure.

The Importance of Checking for Asbestos Licenses and Certification

Verifying Credentials

Before hiring an asbestos removal company or individual, it is crucial to check their credentials. This includes verifying their license, membership with professional associations like ACAD, and ensuring that their workers have undergone the necessary training.

The Role of ACAD

ACAD, the Asbestos Control and Abatement Division, is a leading trade association representing the interests of companies involved in asbestos management services. By checking if a company is a member of ACAD, clients can have greater confidence in the quality and safety of the asbestos removal services provided.

Lessons Learned and Preventive Measures

The Importance of Due Diligence

The case of Asbestos Boss Limited serves as a reminder of the importance of conducting due diligence when hiring asbestos removal companies. Clients should always verify the credentials of the company and its workers and ensure they follow proper safety guidelines.

Raising Awareness About Asbestos Dangers

The HSE recently launched a campaign highlighting the dangers of asbestos and has guidance on the safe working with asbestos. By raising awareness about the risks associated with asbestos exposure and the importance of proper asbestos management, the HSE aims to prevent similar incidents in the future.

Conclusion

The prosecution and sentencing of Asbestos Boss Limited and its director, Daniel Luke Cockcroft, serve as a stark reminder of the dangers posed by unlicensed and improperly trained asbestos removal companies. It is crucial for individuals and businesses to thoroughly vet the credentials of any asbestos removal service they hire, ensuring that both the company and its workers are licensed, trained, and adhere to the highest safety standards.

By promoting awareness of the risks associated with asbestos exposure and the importance of proper asbestos management, the HSE and organisations like ACAD can help protect the public from unscrupulous operators and prevent further incidents of unsafe asbestos removal.