HSE Health & Safety Executive

If current levels of exposure to asbestos are allowed to continue over the next 50 years, nearly 5,000 people will die from asbestos related disease. These Regulations should go a long way towards preventing this human suffering and misery.

Asbestos is a naturally occurring fibrous mineral and has been used for about 150 years on a commercial basis. It is versatile, plentiful and ideal as a fireproofing and insulation material. But it can be deadly. Asbestos-related disease caused by past exposure to asbestos is responsible for around 3 000 deaths a year, making it the UK’s biggest work related killer.

Asbestos-related disease is caused when asbestos fibres are released from asbestos-containing materials and become airborne. The fibres are microscopic and can be inhaled, where they lodge in the tissue of the lungs and stomach. The fibres are not broken down by the bodies natural defences so increased or prolonged exposure causes a build up of fibres and can, depending on the level of exposure and the genetic susceptibility of the individual, result in the contraction of three diseases, mesothelioma, lung cancer or asbestosis. Asbestos is most dangerous to those exposed to high concentrations or over extended periods, it is this sort of exposure which leads to asbestos-related disease.

Asbestos has been used in thousands of different products over the years, with use peaking in the UK during the 1960’s and 70’s. The ban on the use, supply and importation of asbestos has been gradually strengthened over the last 25 years. It is now only in very specific and controlled cases that asbestos can still be used in this country. Other Health and Safety Executive (HSE) Regulations and guidance are in place to control the risks of any work with or removing asbestos, with many types of work requiring a licence.

There is however still a piece of the puzzle missing. These regulations control work with asbestos that is known about. In the half a million non-domestic premises that it is estimated still contain asbestos, some maintenance and building workers are potentially unknowingly working on or around asbestos every day.

It is these maintenance and building workers (for example plumbers, electricians, alarm fitters and cablers) that the new “Duty to Manage Asbestos in Non-domestic Premises” has been introduced.

The duty to manage should ensure that information on the presence of asbestos in buildings is recorded, managed and the relevant information passed on to those who may come into contact with it. Unless this takes place the misery and suffering caused by asbestos-related disease will continue.

All those who have responsibility for the maintenance or repair of non-domestic buildings have duties under this regulation. The extent of an organisations’ legal duty is determined by the terms of the tenancy agreement or contract that applies, and in the absence of any such agreement, on the degree of control the party has over the premises.

The dutyholder may well be the landlord, tenant or even the managing agent, depending on the circumstances of the case. In some cases responsibility could be shared between two or more parties.

The regulations also include a duty to cooperate which applies widely. This will, for example, require a landlord to pass information on asbestos to a new tenant. Similarly a tenant must co-operate by allowing a landlord to gain access to a building to carry out a survey. It also applies to other parties such as building surveyors who may have existing information on the location of asbestos. They have to make this available at a reasonable cost.

The duty applies to all commercial, industrial and public buildings. It will also apply to common parts on domestic premises, for example stairwells, lift shafts and corridors in a block of flats.

The regulations have been designed to be flexible, allowing a proportionate approach to be taken towards compliance. They only require significant expenditure when the risk justifies it. They are based on the sound business practice of establishing and managing risks efficiently, and closely follow current good practice in the workplace.

The new duty requires the dutyholder to assess whether there are any asbestos-containing materials (ACMs) in their premises, and, depending on its condition, remove it or manage it. Then making sure that anyone likely to disturb this material is informed of its presence and not exposed to any avoidable risk.

to take reasonable steps to find ACMs in the premises and assess the condition of these materials. This includes a desk top study of available architects plans, builders invoices etc, talking to relevant people such as architects, employees and safety representatives, and the an inspection of the premises;
to presume that materials do contain asbestos unless there is strong evidence that they do not;
to prepare a record of the location and condition of these materials and assess the risks from them;
to prepare and implement a plan to manage those risks; and
to provide information on the location and condition of the material to anyone who is liable to disturb it.

The duty does not require the removal of ACMs. If the material is in good condition and will not be disturbed then it does not pose a risk. Removing any such material would give rise to unnecessary risk and expense.

Simple information on the duty is available in a free leaflet A short guide to managing asbestos in premises (INDG223). This leaflet is available from HSE Books and a copy will be available on the HSE website at www.hse.gov.uk.

HSE have also been running an awareness raising campaign to help promote the new Duty to manage and what it requires. Details of the campaign and further sources of information are available on the campaign website at www.hse.gov.uk/campaigns/asbestos or by e-mailing the campaign team at asbestos.campaign@hse.gsi.gov.uk.

The following are some of the key messages to bear in mind when considering how dutyholders should approach the new Regulation.

If asbestos containing materials are in good condition and unlikely to be disturbed, they should be left where they are and managed;
You can presume any material is asbestos, unless there is strong evidence to the contrary, and act accordingly rather than commission a full survey.
The duty applies to all forms of asbestos (including white asbestos) as all form of asbestos can give rise to risk;
The survey is just part of the process, without a compliance strategy to utilise the information it provides, it could be a costly waste of time and money.