The United Kingdom possesses one of the highest rates of mesothelioma in the world, largely because the UK government permitted the use of asbestos UK long after other countries outlawed the mineral’s.
In addition, shipbuilders historically are among the people most affected by mesothelioma, and the shipbuilding industry plays a large role in the history of the United Kingdom, especially around the time of World War II. There is a duty to manage asbestos in non-domestic premises. If premises were built before 1999, it may have asbestos inside. In such cases employers must take reasonable steps to identify asbestos.
If an employer cannot be certain that a material does not contain asbestos, then they must assume that it does. The employer must make a record of their findings, and make it available to all of those who may come into contact with the asbestos. This includes maintenance people and contractors.
Once this has been done, the employer must manage the asbestos. This may involve actions from marking it with a sticker and regularly checking it for damage, through to removing it. If an employer wants to have asbestos repaired or removed, they may need to employ a specialist contractor.
The ‘duty to manage’ asbestos is included in the Control of Asbestos Regulations 2012. You are a ‘dutyholder’ if:
- You own the building;
- You are responsible through a contract or tenancy agreement;
- You have control of the building but no formal contract or agreement; or
- In a multi-occupancy building, you are the owner and have taken responsibility
- For maintenance and repairs for the whole building.
Asbestos in the Workplace – What buildings are affected?
- All non-domestic buildings, whatever the type of business.
- The common areas of domestic buildings, eg halls, stairwells, lift shafts, roof spaces.
- All other domestic properties are not affected by the duty to manage.
If you are not the dutyholder but have information about the building, you must co-operate with the dutyholder, eg leaseholders must allow managing agents access for inspection.
Why manage asbestos?
Breathing in air containing asbestos fibres can lead to asbestos-related diseases, mainly cancers of the lungs and chest lining. Asbestos is only a risk to health if asbestos fibres are released into the air and breathed in. Past exposure to asbestos currently kills around 4500 people a year in Great Britain. Workers who carry out building maintenance and repair are particularly at risk.
There is usually a long delay between first exposure to asbestos and the onset of disease. This can vary from 15 to 60 years. Only by preventing or minimising these exposures now can asbestos-related disease eventually be reduced.
It is now illegal to use asbestos in the construction or refurbishment of any premises, but many thousands of tonnes of it were used in the past and much of it is still in place. There are three main types of asbestos that can still be found in premises, commonly called ‘blue asbestos’ (crocidolite), ‘brown asbestos’ (amosite) and ‘white asbestos’ (chrysotile). All of them are dangerous carcinogens, but blue and brown asbestos are more hazardous than white. Despite their names, you cannot identify them just by their colour.
Any buildings built or refurbished before the year 2000 may contain asbestos. As long as the asbestos-containing material (ACM) is in good condition, and is not being or going to be disturbed or damaged, there is negligible risk. But if it is disturbed or damaged, it can become a danger to health, because people may breathe in any asbestos fibres released into the air.
Who is at risk?
The more asbestos fibres breathed in, the greater the risk to health. Therefore, workers who may be exposed to asbestos when carrying out maintenance and repair jobs are at particular risk. Such workers include:
- Construction and demolition contractors, roofers, electricians, painters and decorators, joiners, plumbers, gas fitters, plasterers, shop fitters, heating and ventilation engineers, and surveyors;
- Anyone dealing with electronics, eg phone and IT engineers, and alarm installers;
- General maintenance engineers and others who work on the fabric of a building.
If asbestos is present and can be readily disturbed, is in poor condition and not managed properly, others who may be occupying the premises could be put at risk.
For more information on Asbestos in the workplace visit http://www.hse.gov.uk/asbestos/index.htm
Other resources:
The British Lung Foundation: http://www.blf.org.uk/Page/Asbestos
Asbestos in your home: https://www.gov.uk/asbestos-in-home
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