March 2013 Health and Safety Legal Update:

Asbestos in the workplace, does my organisation have to do anything?

Asbestos exposure kills around 4,000 people a year in the UK (this figure is rising each year), twice as many as are killed in road traffic accidents (currently around 2,000 per year and falling.) This figure only takes into account the people who die ,who have been diagnosed with an Asbestos related condition, so this figure is probably higher in reality. The majority of the people who come down with Asbestos related conditions are people who have worked in the construction related industries and are often smokers, as smoking significantly increases the likelihood of the illnesses developing. It must be remembered one exposure to Asbestos Containing Materials can potentially kill!

Any building, domestic or commercial built before the year 2000 can contain Asbestos Containing Materials and usually does. If your house was built in or before 1999 it will almost certainly contain some Asbestos, although the legislation covers only none domestic premises, not privately owned homes.

All employers have a duty of care to control the exposure of Asbestos to its employees and anyone else who could be exposed to Asbestos during their business activities.

This duty extends to exposure during work activities on other peoples sites, should it be reasonably foreseeable that workers could disturb Asbestos Containing materials as a part of their work activities.

If your business premises (in the legislation called a none domestic premises) was built or refurbished in or before 1999 your organisation has a duty of care to manage Asbestos Containing Materials in the property.

The first stage of managing the Asbestos in the building is by having an Asbestos Survey completed by a competent company. There are two types of Surveys (1) Management and (2) Refurbishment/ Demolition surveys. 

Should any significant refurbishment work be carried out the latter will be required. For example, re-wiring, installing a new kitchen or bathroom area would be considered significant building work as any Asbestos present could easily be disturbed during these activities.

If no significant refurbishment (or demolition) is taking place in your business (or none domestic) premises a Management Survey is required.

After the correct type of Asbestos Survey has been completed, any actions recommended by the surveyor should be completed, this could include the removal, protection, sealing or encapsulating of the Asbestos Containing materials identified, which have or could easily become damaged. Removal would only be required if Asbestos is in poor condition or if the location is in such a place that it will be disturbed frequently. Asbestos in good condition, which is unlikely to be damaged can be left in place there is no compulsion to remove Asbestos Containing Materials under these circumstances.

Even though the legislation covers none domestic premises, foreseeable exposures to workers (and anyone else who could be affected by the work) who work in domestic premises, is still expected to be controlled. So for example a carpenter, plumber or electrician working in a private house would be expected to be given appropriate Asbestos Awareness training so that they can identify possible Asbestos Containing Materials and avoid disturbing them.

Regular monitoring of Asbestos condition should identify when Asbestos Containing Materials are deteriorating.

Three main types of Asbestos:

White- Chrysotile (Banned in the UK in 1999)

Brown- Amosite (Banned in the UK in 1985)

Blue- Crocidolite (Banned in the UK 1985)

All types of Asbestos are carcinogens, the blue being the worst and the white being the least hazardous.

Asbestos is a naturally occurring minerals and has been used for thousands of years, it was added to certain products to make them more versatile. Some cultures made and used Asbestos table clothes in ancient times. These were thrown in the fire by the servant at the end of each meal and reused. It was recognised in these cultures that the servants often had serious breathing problems. 

Much research has been carried out on the various health conditions, which are caused by exposure to Asbestos fibres. Many of the illnesses caused by exposure to Asbestos Fibres have no other known cause other than Asbestos exposure.

Asbestos related conditions include:

• Mesothelioma- an incurable form of lung cancer.
• Asbestosis- a debilitating lung condition
• Lung Cancer
• Pleural Plaques- a lung condition with few symptoms which can progress further into some of the more serious conditions.
• Chronic Obstructive Pulmonary Diseases (COPD) such as Emphysema.

These illnesses can take well over 20 years to develop but have been known to kill people in their forties who were exposed at school or when they were a young worker. 

If you are a Wallett HSE Services Limited client you can access tool box talks and guidance in the client only area of this site covering Asbestos Awareness.

What to do if Asbestos Containing Materials become damaged:

If Asbestos becomes damaged it must be treated as an emergency. The building must be evacuated and it must not be used until the damaged materials has been removed, repaired and declared safe by a competent person (usually an Asbestos Contractor.) Remember one exposure can kill!

For more information on Asbestos click here to go to the Health and Safety Executive's Website