Asbestos was used in building materials in the UK up to the mid-1980s but was banned completely in 1999. Therefore any building built before 2000 could contain asbestos, possibly in cement products, coatings, tiles, insulation board and lagging.
Asbestos in General
Asbestos materials are generally considered safe as long as they are in good condition. If damaged, asbestos fibres can become airborne and cause serious diseases such as mesothelioma, lung cancer, asbestosis and diffuse pleural thickening - resulting in some 4,500 deaths a year.
The risk of asbestos damage occurs when building work is carried out such as maintenance, repairs, redevelopment or demolition work and a wide range of workers could be affected.
The Control of Asbestos Regulations 2012
The Control of Asbestos Regulations 2012 states that if existing asbestos containing materials are in good condition and are unlikely to be damaged then they can be left in situ. However they must be monitored and remain undisturbed.
Duty to Manage Asbestos
Anyone responsible for the maintenance of premises has a duty to manage the asbestos in them and to protect anyone working or using the building(s) from the risks of exposure to asbestos. This means that the duty holder has to find out if there is asbestos in a building and keep records of its condition, assess the risks and plan how to manage them.
Before any work or maintenance can be done, the presence and location of asbestos has to be identified along with its type and condition, and the risks managed and controlled. In most cases, work with asbestos has to be done by a licensed contractor, especially asbestos removal, while non-licensed work requires effective control and record keeping. Training is mandatory for anyone liable to be exposed to asbestos fibres at work, or involved in licensed asbestos removal.
Asbestos Licensing
The HSE Asbestos Licensing Unit issues licences to firms to undertake asbestos removal. Businesses have to demonstrate the competence, skills, experience and knowledge to work with asbestos plus very good health and safety records in order to be licensed. The Asbestos Regulations are mainly enforced by the HSE and local authorities.
Legal Risks and Penalties
If a duty holder does not have a plan for dealing with asbestos in place they could face a fine of up to £20,000 or up to six months imprisonment. A serious breach of the regulations could mean an unlimited fine and/or two years imprisonment.
Examples of Asbestos Prosecutions
In 2010 Britannia Hotels Ltd was ordered to pay £200,000 in fines after construction workers and guests were put at risk of exposure to asbestos after the company failed to do a full asbestos assessment before refurbishment of the Grand Burstin Hotel in Folkestone.
In 2013 an industrial property owner was prosecuted for allowing untrained workers to be exposed to dangerous asbestos fibres in a building in Newport.
Conclusion
Businesses need to be fully aware of their duties with regard to asbestos; even the simple risk of exposing individuals without actual exposure can still result in serious penalties. Contact Julie Goulbourne by telephone 01616 966 229 or email jgo@stephensons.co.uk today for more information.