An update on Asbestos

Home

Articles

Health and Safety

An update on Asbestos

Introduction

This article will be useful reading for:

Employers who find asbestos in their workplace;
Employers who remove asbestos as their work.

Although asbestos use has been minimised in recent years, asbestos related diseases, and sometimes fatalities, are now increasingly apparent. Asbestos related diseases take up to 30 years to manifest themselves. As a result, many people are now claiming from their employers, in respect of occupational injury twenty or more years ago.

It is estimated that there are over 1.5 million premises in the UK that still contain asbestos. The Health and Safety Executive (HSE) claims that two thirds of landlords and property owners in the UK still fail to manage the risks. If you work in a building that might be exposed to asbestos, and you have control of the building, it is your duty to check the exposure and remove it where necessary. Conversely, if it is your job to remove the asbestos, whether you are an employer or employee, you must also take note of the regulations and abide by them.

The use, supply and importation of asbestos and asbestos products have largely been banned in the UK. Exceptions are laid out in the Asbestos Prohibitions Regulations.

Identifying asbestos

There are three main types of asbestos:

Christie;
Ammonite and;
Crocidolite.

They are usually referred to as white, brown and blue asbestos respectively. However they cannot be identified just by their colour. Laboratory analysis is required to properly identify them properly.

If you work in a building where asbestos might reside

The new regulations place a duty on you as the manager of premises. Where there is a potential for asbestos to be found, e.g. in an older building, it is your duty to investigate it. If the asbestos is not damaged or disturbed, you might be advised not to do anything, however, if it has the potential to be disturbed, you will have to have it removed.

If your work involves handling asbestos

The Control of Asbestos at Work regulations have been revised. Even if you have a license to work with asbestos, you are still responsible for your employees. Additionally, employees have a responsibility to protect themselves and their co-workers.

If you know you work with asbestos make sure you have a license to do so. Be sure to train all your staff on how to work with asbestos, and the relevant safety procedures as well as the equipment they will need, such as breathing apparatus.

Recent cases

There have been many recent cases relating to asbestos - according to publications by the BBC, “Lawyers are set to mount a bid to win compensation for thousands of workers who have been struck down by an asbestos-related health condition”.

One example claim is that of a nurse who died after being exposed to asbestos dust at a hospital. Her family was awarded 175,000 in damages. Her illness was caused by being exposed to asbestos dust while at work in a London hospital in the 1960s. Even a relatively small exposure to asbestos, such as in this case, where the nurse worked for only two years, could cause a fatality.

When do I need a license to work with asbestos?

Under the Asbestos (Licensing) Regulations 1983 if you are working with asbestos insulation, asbestos coating or asbestos insulating board you will need to hold a license. You will also need one if you use a scaffold to create an enclosure for working with asbestos.

In addition, you do not need a license to work with asbestos if you:

Are involved in short duration work (within any 7-day period a single job lasts less than one hour per Worker or two hours in total);
Carry out air monitoring;
Collect bulk samples to identify asbestos;
Carry out clearance inspections.

Additionally, you do not need a license if you are working with asbestos on your own premises using your own employees. However, you still need to notify the relevant Enforcing Authority (either HSE or you local authority) at least fourteen prior to start of the work.

What does the law state?

The 2004 laws emphasise the following – most important element of the Control of Asbestos at Work (CAW) regulation is regulation number four. The date of enforcement of the latest regulations was May 2004:

Regulation 4 - a new duty to manage asbestos in non-domestic premises;
Regulation 6 - what to consider when carrying out an assessment of the risk of exposure to asbestos;
Regulation 14 - you must prepare procedures, provide information and establish warning systems to deal with asbestos;
Regulation 18 – you must monitor the condition of the air;
Regulation 20 - anyone analysing asbestos must be accredited with a recognised body;
Regulation 21 – you must maintain health and surveillance records.

How does that impact on your line of work?

The plan (required to be carried out by managers of premises where asbestos is to be removed. If the manager of the premises is not able to do so, a trained person should do the assessment for you) - You as the employer, should not carry out any work with asbestos, even after obtaining the license, unless you have a written “plan of work”. You should keep a copy of the plan at the venue where the work will be carried out and until the work is completed.

The plan should contain the probable duration and details of the work set to be carried out, as well as the details of the venue where work is to take place, methods used to carry out the work and details of equipment that shall be used in conjunction with the work. You must then follow the plan.

Assessment of the work

You may not carry out any work unless you have assessed the risks caused by carrying out the work with asbestos. You must also record the nature of the risks you think are likely, as well as the degree of exposure. You must consider the measures used to control the risk, along with setting out steps that will be taken in order to minimise the risk. You must reassess the risks when there are any changes to the work being carried out. Changes must be made accordingly. If you are not able to make this assessment, a person who is trained to do so should do the assessment for you.

Notifying workers

You must notify your employees of the risks associated with working with asbestos, unless:

The exposure will not or is unlikely to exceed the minimum level;
The work is work to which the Asbestos (Licensing) Regulations 1983[4] apply.

You must notify the controlling authority if you are going to be working with asbestos, no matter how much exposure there might be.

Information, instruction and training

You must train and instruct anyone who is to come into contact with, or who will supervise those who come into contact with asbestos. They must be aware of the risks found in the assessment, the risks to their health, the precautions they must take to look after themselves and to others, and also the relevant control limit and action level. Training should be given at regular intervals and whenever any changes are made.

Prevention of exposure to asbestos

Every person involved in the work should reduce the risk of expose both to themselves and their fellow workers, wherever possible. If an alternative to asbestos is available, it should be used. If there is no alternative, appropriate methods should be used to carry out the work, as well as protective clothes where applicable and adequate ventilation systems should be in place.

Clothing – the correct clothing shall be provided by the employer where appropriate. There are regulations n the specific clothing suitable. Clothing should be cleaned in an appropriate manner.

Accidents – should be reported immediately to the supervisor. Training shall be provided regularly to workers who should be ready to put into place, procedures which they have practised, when necessary.

Cleaning – it is the employer’s duty to make sure that everywhere exposed to asbestos is cleaned appropriately and regularly. This includes making sure that the building used is designed in a way so that it can be cleaned easily. A fixed vacuum system is preferred.

Food – and drink must not be consumed in an asbestos designated zone at any time. You must provide somewhere other that the designated zone, for your employees to eat and drink in. For example, if you are having asbestos removed from your work premises, you must provide somewhere for the workers to go for their breaks. If you are carrying out the work to remove asbestos, you should also provide somewhere workers can go to rest.

Non-compliance

You could face a fine or penalty of up to two years imprisonment if you are found not to comply with the regulations.

These are just a few of the examples of the regulations when working with asbestos. Regulations from thirty years ago have been reinstated and new regulations created.

If by chance you find some error of law or fact in any Net Lawman information page, do please tell us. We should also welcome your suggestions for new subjects for information pages. These notes: