Asbestos – The Hidden Killer

Figures issued by the Health and Safety Executive (HSE) have revealed that every week 20 tradesmen die from asbestos-related diseases, and this number is set to increase.

Asbestos may be present in any building constructed or refurbished before the year 2000 and it is estimated that around 500,000 non-domestic buildings could contain asbestos. Buildings all need repair and maintenance work from time to time and it is when asbestos fibres are disturbed, e.g. by drilling or cutting, that they are most likely to be inhaled as a deadly dust.

All those with responsibility for non-domestic premises have a duty to manage asbestos, as contained in Regulation 4 of the Control of Asbestos Regulations 2006, in order to protect those who work in or use the premises from the risks to ill health that exposure to asbestos causes.

Under the Regulations, most asbestos removal work must be undertaken by a licensed contractor. Any decision on whether particular work is licensable is based on the risk involved. Work is only exempt from licensing if:

  • the exposure of employees to asbestos fibres is sporadic and of low intensity; and
  • it is clear from the risk assessment that the short-term exposure of any employee to asbestos will not exceed the control limit laid down in the Regulations.

Anyone carrying out work on asbestos insulation, asbestos coating or asbestos insulating board needs a licence issued by the HSE unless one of the exemptions is met.

In a recent case, an unlicensed asbestos remover, who had been employed to take out asbestos insulation board from a shop, failed to turn up for a court hearing to face charges under the Regulations. He was arrested and subsequently fined £3,000 each for the following breaches:

  • Reg.9 – failing to notify the HSE at least 14 days before commencing the work;
  • Reg.8(1) – undertaking work with asbestos without a licence;
  • Reg.22(2) – not ensuring employees exposed to asbestos are under adequate medical surveillance;
  • Reg.18(2) – not ensuring respiratory protective equipment is worn;
  • Reg.17 – not keeping the premises in a clean state; and
  • Reg.16 – not preventing the spread of asbestos.
He was also ordered to pay £3,000 in costs, £4,000 in compensation to the shop’s owner and a further £18,000 plus costs for environmental safety offences.

Extensive information on the laws on asbestos can be found on the HSE’s website at http://www.hse.gov.uk/asbestos/index.htm

Telephone: +44 (0) 1753 486 777 (Slough Office)
Telephone: +44 (0) 1189 596031 (Reading Office)