February 2004

Is There Asbestos In Your Work Premises?

Asbestos remains the biggest workplace killer. Are you part of the half a million UK companies which need to comply with the new legal duty to manage asbestos?

The Control of Asbestos at Work Regulations were published in 2002, but as of the 21^st May 2004, Regulation 4 of these will become law, creating a new legal duty to manage asbestos in non-domestic premises.

This will have far reaching implications, likely to affect up to 500,000 commercial, industrial and public buildings in the UK which still contain asbestos. Although it is now illegal to use asbestos in construction or refurbishment, asbestos was used extensively in the UK as building material from the 1950s to mid 1980s. With its effective banning being only in 1999, many tonnes of asbestos are still thought to be present in buildings today. Asbestos can still be found in many areas including fire breaks, thermal insulation, panels, boards, tiles, cement cladding and textured coatings.

If damaged by drilling, cutting or sawing through routine maintenance or refurbishment, or just through deterioration with age, tiny but potentially deadly asbestos fibres are released. Medical experts indicate that there is no 'safe' level of exposure and inhaling air containing asbestos fibres can lead to diseases such as asbestosis, mesothelioma and lung cancer. Asbestos related diseases from fibre inhalation are the biggest occupational health killer in the UK, with the annual number of deaths set to rise from the current 3,000 people to over 10,000 by the year 2010. Under the new regulations, doing nothing about asbestos is not an option.

As a dutyholder (i.e. occupier or owner who is responsible for maintenance and repair) of a non-domestic building which may contain asbestos, you have an explicit legal duty to manage the risk from this material. You should either appoint a competent person who is suitably trained to carry out the requirements of the new duty or seek the advice of a specialist.

As a dutyholder you must:

Find out whether the building contains asbestos and what condition it is in
Assess the risk, e.g. if it is likely to release fibres
Make a plan to manage that risk

The regulations set out an explicit legal duty to take all reasonable steps to make an assessment as to whether asbestos is present, keep an up-to-date written record of this and any subsequent reviews and to prepare a written management plan to identify the risks posed by any asbestos present.

The regulations require employers to prevent the exposure of employees to asbestos but if this is not reasonably practicable exposure should be controlled to the lowest possible level. It is not a legal requirement to completely remove all asbestos-containing materials but to manage them using a method appropriate to their condition and location.

Relevant information on the location and the condition of asbestos-containing materials must be made available to contractors and anyone who is likely to work on or disturb them before any work is started.

Failure to comply with the regulations will be a criminal offence so it is therefore vital for all organisations to be aware of the new regulations and to start reviewing their arrangement for managing asbestos. Any person successfully prosecuted will be liable to a fine of up to £20,000 and/or 6 month imprisonment in the Magistrate's Court or for serious breaches, in the Crown Court, an unlimited fine and/or up to 2 years imprisonment.

If you suspect that asbestos is present in your premises and would like further advice or a site visit please contact Richard Whitaker. We can provide suitably qualified and experienced personnel to undertake a survey and identify asbestos-containing materials in your premises. Condition reporting can also be undertaken to assess any essential remedial actions.

In addition, we provide training on the Control of Asbestos at Work Regulations via online, modular based courses. Modules are supported by online questionnaires which demonstrate an understanding of the material. Document templates are provided on which to record site survey results.