Date of Article – Summer 2007
Nothing seems quite as emotive as the issues surrounding asbestos. At worst, asbestos is a lethal killer and at best, a fantastic naturally occurring mineral whose fire resistant properties and use a fibre additive in building products are still, largely, unsurpassed.
Whilst the dangerous health effects of asbestos have been appreciated to a greater or lesser extent for the best part of a century, the regulatory control has lagged behind and the use of asbestos was only prohibited in the UK in 1999. This means that buildings built up to this time can and often do contain asbestos containing materials. Occupational deaths from asbestos were expected to fall with the demise of the asbestos industry in this country but the numbers have continued to climb. It became increasingly apparent that workers in the construction industry were becoming exposed to asbestos fibres through working on existing buildings or in them, where asbestos was present but either unappreciated or ignored through ignorance.
The Control of Asbestos at Work Regulations 2004 introduced the concept of “the duty manager” as being a responsible person or organisation who would take control (have a duty to manage) asbestos in non-residential buildings. Take up has been patchy and large numbers of buildings do not have management plans put in place to set out where asbestos can be found in the premises or adequate means for controlling works in the building. There have been some noteworthy prosecutions by the HSE including High Street names, such as Poundstretcher, for failure of these duties. The Regulation was updated and amalgamated in to a comprehensive regulation, The Control of Asbestos Regulations 2006 dealing with all aspects of asbestos control.
The practical outworking of the Regulations is a need to assess premises through a survey, which HSE Guidance note MDHS100 sets out as Types 1, 2 and 3, reflecting different levels of investigation suited to circumstance. The higher level surveys include sampling of to determine asbestos content. Bearing in mind that there are 4-5000 known materials containing asbestos, this can be a significant task. The next step is to interpret the survey and prepare a management plan assessing the risk. This will vary according to use, exposure levels and the inherent risk from the materials themselves to release fibres. No blanket requirement exists to remove such materials and often the safest solution is to leave materials alone but to be aware of their presence and control work. The plan is a live working document, not just a health and safety issue to tick off on a list. This will dictate regular re-inspections to assess the condition of asbestos materials and control of works, which could disturb the materials such as cable fixing, roof repairs and alterations of services in buildings.
Asbestos will remain with us for many years to come and its’ safe management and working will remain paramount with aging and older buildings needing maintenance and updating. Kirkby & Diamond Chartered Surveyors can assist you with an Asbestos survey and recommend ongoing management in accordance with legal regulations.