Asbestos: the hidden danger

The figures are indeed alarming: currently there are over 4000 deaths each year from asbestos related illnesses - the main killers being asbestosis, lung cancer and mesothelioma. These figures are expected to rise to 10 000 deaths per year by 2010.

Asbestos was used extensively as a building material between the 1950s and 1970s and its presence is widespread – over 1·5 million commercial premises in the UK contain asbestos and there are tens of thousands of tonnes of asbestos still remaining in buildings today.

It is of obvious concern to the building industry in particular: of the 4000 reported deaths each year 25% relate to individuals who have once worked in the building and maintenance trades. Often those affected would have worked unknowingly on, or near to, asbestos containing materials (acms).

The mere presence of asbestos is not necessarily a problem. The problem arises when changes are made to building structures (such as a refurbishment) and the work involves disturbing and liberating asbestos fibres, or where there is a natural deterioration of the product containing the asbestos allowing dangerous fibres and dust to escape.

New legislation
The Control of Asbestos at Work Regulations 2002 came into force on 21 November 2002. As well as imposing obligations on employers as to the management of asbestos risk in relation to their employees, the regulations impose a new 'duty to manage' asbestos risk in commercial premises on all those who have responsibility for the repair or maintenance of, or to any extent control, those premises or any means of access to them.

Where more than one person qualifies as the duty holder, the duty will be shared according to the nature and extent of the maintenance and repairing obligations owed. In addition, there is a further duty to co-operate with the duty holder(s) on everyone else with an interest in the premises.

Although the duty to manage does not come into force until 21 May 2004, the campaign has already begun in earnest to raise the awareness of those affected by the new regulations and to provide practical support to businesses.

There are over 4000 deaths each year from asbestos related illnesses. These figures are expected to rise to 10,000 per year by 2010.

The duty to manage
So what is the duty to manage? Essentially, it is a duty to identify and manage the risk from asbestos containing materials which may exist in non-domestic premises.

The duty to manage will require those in control of premises (or sharing control) to ensure that a suitable and effective assessment is carried out to determine whether asbestos containing materials are, or are liable to be, present in the premises and that the conclusions of the assessment are recorded. It is necessary to presume materials contain acms unless there is strong evidence that they do not.

Assessing the risk of the likelihood of anyone being exposed to fibres from these materials is called for as well as the preparation of a written plan which should:

• identify those parts of the premises where acms are, or are liable to be, present;
  
• set out how the risks from the materials are to be managed;
  
• contain adequate measures for monitoring the condition of any asbestos or acms and ensure that the asbestos or acms are properly maintained or, where necessary, safely removed.

The duty to manage also requires that the plan is put into action and reviewed and monitored periodically. Information on the location and condition of the materials should be provided to anyone who is liable to work on or disturb them and to the emergency services.

There is a range of possibilities for dealing with asbestos and acms – removal is not always required. If the acms are in 'good' condition (and are unlikely to be damaged or disturbed) they will pose no risk and may be left in place. In some instances they may be sealed.

If, however, they are in 'poor' condition removal may be necessary. In such cases appropriately qualified contractors should be employed to ensure removal is in compliance with associated legislation.

In addition to the new regulations, the HSE has launched a large scale campaign to educate and bring awareness to those affected by the new regulations and the risks of asbestos. The aim is to ensure early compliance, minimise claims and provide enough time for occupiers to procure qualified surveyors and consultants to assist them in compliance.

The HSE is publishing an Approved Code of Practice (ACoP) to reinforce the regulations and provide guidance to designated duty holders. The ACoP will give guidance on methods for identifying asbestos, maintaining a register, assessing the risk, preparing an action plan and setting up suitable administrative systems.