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Pollution control - asbestos


What is asbestos - why is it problem?

Asbestos is a naturally occurring fibrous material and has been used for about 150 years on a large scale. It is versatile, plentiful and ideal as a fire-proofing and insulation material and the three main types of asbestos that have been used commercially are:

  • Crocidolite  - blue
  • Amosite - brown
  • Chrysotile - white

If a person inhales asbestos fibres (which are long and thin) they can become lodged in the tissue of the chest and the body’s natural defences may not be able to easily break them down. This can lead to lung diseases (mainly cancers), particularly if the person is repeatedly exposed to fibres over a number of years.

Why is it now a problem?

Asbestos was used extensively as a building material in the UK from the 1950s through to the mid-1980s. It is a multi-purpose building material and is ideal as a fireproofing and insulation material. However any type of building built or refurbished up to 2000 including houses, factories, offices, schools, hospitals etc,  could still contain asbestos.

Generally, asbestos is only a risk if it is disturbed or damaged causing the fibres to be released into the air. If asbestos containing materials are in good condition and in a position where they are not going to be disturbed or damaged then it is safer to leave them where they are and ensure that the risks are managed.

Airborne asbestos fibres can be deadly if they are inhaled over a long period of time and can cause serious diseases which are currently responsible for up to 3,500 deaths a year. There are three main diseases caused by asbestos are:

  • Lung Cancer;
  • Asbestosis (which are almost always fatal); and
  • Mesothelioma (which is always fatal).

What is of the most concern is that these diseases do not affect people immediately but often much later on in life, so there is a need for you to protect yourself now to prevent you contracting an asbestos related disease in the future.

It is also important to remember that people who smoke and are also exposed to asbestos fibres are at a much greater risk of developing lung cancer.

See asbestos at work and the  asbestos at home pages for more information. However, do seek advice from us if you think you've got a problem with asbestos at work or in your home.

Email us or contact us on:

Tel 020 7332 3630
Fax 020 7332 1623

Asbestos at work

In the workplace,  further advice and information can be found on the Asbestos pages of the Health & Safety Executive website.

License

Under the Asbestos (Licensing) Regs 1983 (ASLIC), any work with asbestos will require a contractor issued with a valid HSE asbestos licence. This licence will firstly have been approved by ALU which has been delegated by HSE to grant and review licences for asbestos work as set out in ASLIC. This includes work with asbestos insulation, asbestos coating or asbestos insulating board. All applicants for a licence must intend to work with asbestos.

They also must satisfy HSE that they have adequate knowledge, organisation and arrangements to carry out the work safely without detriment to the health of their employees or others who could be affected by their operation. The performance of these applicants will be monitored by ALU via field operation reports which will constantly review licensee’s suitability.

What if asbestos is in our offices or workplace?

Duty to manage

Under the Control of Asbestos at Work Regulations 2002 employer, the self-employed and those in control of premises all have a duty to prevent exposure to asbestos.  Where this is not reasonably practicable, then they must make sure this it is kept as low as reasonably practicable, and in any case below the specific control limit.

Persons who own or who are respinsible for premsies must have identified where if any, the asbestos is located in the premises they are responsible for and must have recorded its locations and drawn up a strategy or Action Plan for dealing with it. In many cases, the “dutyholder” is the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises through an explicit agreement such as a tenancy agreement or contract.

The extent of the duty will depend on the nature of that agreement. In a building occupied by one leaseholder, the agreement might be for either the owner or leaseholder to take on the full duty for the whole building; or it might be to share the duty. In a multi-occupied building, the agreement might be that the owner takes on the full duty for the whole building. Or it might be that the duty is shared – for example, the owner takes responsibility for the common parts while the leaseholders take responsibility for the parts they occupy. Sometimes, there might be an agreement to pass the responsibilities onto a managing agent.

In some cases, there may be no tenancy agreement or contract. Or, if there is, it may not specify who has responsibility for the maintenance or repair of non-domestic premises. In these cases, or where the premises are unoccupied, the duty is placed on whoever has control of the premises, or part of the premises. Often this will be the owner.

What premises are affected?

The duty to manage covers all non-domestic premises. Such premises include all industrial, commercial or public buildings such as factories, warehouses, offices, shops, hospitals and schools.

Non-domestic premises also include those ‘common’ areas of certain domestic premises: purpose-built flats or houses converted into flats. The common areas of such domestic premises might include foyers, corridors, lifts and lift-shafts, staircases, roof spaces, gardens, yards, outhouses and garages – but would not include the flat itself. Such common areas would not include rooms within a private residence that are shared by more than one household such as bathrooms, kitchens etc in shared houses and communal dining rooms and lounges in sheltered accommodation.

Further detail is set out in a chart of premises on the HSE website and includes which are likely to be classified as domestic or non-domestic for the purposes of the duty to manage.

There are three essential steps dutyholders need take:

  • Find out whether the premises contains asbestos, and, if so, where it is and what condition it is in. If in doubt, materials must be presumed to contain asbestos;
  • Assess the risk ; and
  • Make a plan to manage that riskand act on it.

Basic principles to remember:

  • Asbestos is only dangerous when disturbed. If it is safely managed and contained, it doesn’t present a health hazard; 
  • Don’t remove asbestos unnecessarily – removing it can be more dangerous than leaving it in place and managing it; 
  • Not all asbestos materials present the same risk. The measures that need to be taken for controlling the risks from materials such as pipe insulation are different from those needed in relation to asbestos cement; 
  • Don’t assume you need to bring in a specialist in every case (for example, you can inspect your own building rather than employ a surveyor). But, if you do, make sure they are competent for further details see the section on surveys/surveyors
  • If you are unsure about whether certain materials contain asbestos you can presume they do and treat them as such; 
  • Remember that the duty to manage is all about putting in place the practical steps necessary to protect maintenance workers and others from the risk of exposure to asbestos fibres. It is not about removing all asbestos.

Further details of these steps can be found on pages 7-13 of this downloadable pdf file from the HSE ‘A Short Guide to Managing Asbestos’(PDF file). For details of more comprehensive publications see the HSE’s further information page.


Control of Asbestos at Work (CAW) regulations 2002 (as amended) These regulations require employers/the self-employed to prevent exposure to asbestos, or, where this is not reasonably practicable, to make sure this it is kept as low as reasonably practicable, and in any case below the specific control limit. Our Environmental Health Officers will be able to proviode you with more specific information. The Health & Safety Executive also has information of particular interest to employers, asbestos contractors and others with duties under asbestos regulations, together with those workers currently at greatest risk from exposure to asbestos.

Contact us by email or by:

Tel 020 7332 3630
Fax 020 7332 1623


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