Asbestos fingered

Asbestos is a naturally occurring mineral that has been used for about 150 years on a large commercial scale. It is versatile, plentiful and ideal as a fire proofing and insulation material. Unfortunately it can also be deadly.

The Control of Asbestos at Work Regulations came into effect on 21 May 2004 to cut down on the risks from asbestos. This could have costly implications for businesses.

The regulations bring in a duty to manage asbestos-containing materials in the workplace. This duty will extend to landlords, building owners, tenants and parties such as managing agents.

New duties for employers

The duty to manage clause will require the dutyholder to determine whether asbestos is, or may be, present in the premises covered. This will involve making an inspection of all accessible parts.

The condition of any asbestos discovered must be considered and a written plan put together for dealing with the situation. The regulations also require employers to ensure that their staff receive adequate information on the risks they face of confronting asbestos in the workplace. Most importantly, employers must not carry out any work that exposes their staff to risk.

The new law requires owners to presume that there is asbestos present unless there is evidence to prove otherwise. This could result in a business having to seek the costly services of a qualified asbestos surveyor to identify the presence of asbestos within a building as it is not always easily detected. Such specialists could charge around £800 to survey around 1000 square feet of commercial space, dependent on its layout and whether it can be accessed during normal working hours.

Problems from the past

It has been illegal to use asbestos-containing materials in buildings since the introduction of the Asbestos (Prohibitions) Regulations in 1992 (as amended). However, much of what was used in the past remains in place in various forms. It was often used in sprayed coatings and laggings; cement products such as gutters, rainwater and flue pipes; floor and ceiling tiles; and in some instances it can be concealed behind linings and shopfittings.

Anyone using your premises who disturbs asbestos that has deteriorated or been damaged and releases fibres, can be at risk. In fact, anyone whose work involves drilling, sawing or cutting into the fabric of premises could potentially be at risk. They may breathe in asbestos fibres during their day-to-day work.

Figures from the Health & Safety Executive show that at least 3500 people in the UK die each year from mesothelioma and asbestos-related lung cancer as a result of past exposure to asbestos. It can take 15-60 years after first exposure before the development of these fatal diseases. These deaths arise from exposures many years ago when asbestos was less well controlled and in much wider use than today.

If asbestos-containing material is identified in good condition and is not likely to be disturbed or damaged, its presence does not pose a risk. However, if it is damaged and asbestos fibres are released into the air it will become a danger to health.

Samples of any suspected asbestos must be analysed. The findings could mean additional costs for businesses if asbestos-containing material is found to be in a poor or dangerous state. This would need to be removed or repaired, the area cleaned and contaminated materials safely disposed of using specialist services, which again pose a hefty expense to businesses.

Sadly, deaths caused by exposure to asbestos many years ago cannot be prevented, but it is possible to minimise the risk for employees in the future. Unfortunately, this expensive responsibility to actively manage the risk will become that of the dutyholder.

There is one piece of good news for businesses. The removal of asbestos is a qualifying expenditure for contaminated land tax relief. This means that firms will be able to claim a percentage of the cost of removing asbestos from a property.