Reducing the risk of asbestos exposure

The danger associated with exposure to asbestos fibres has been a long term defining health issue in our sector, and that danger remains today.  It is essential that contractors take steps to reduce the risk of exposure to operatives, other workers, and the public.

Any person who is, or who may be, involved in working with or near asbestos should read the excellent and definitive information and guidance provided by the Health and Safety Executive (HSE).

Identifying asbestos

Asbestos didn’t disappear when it was banned in the UK. It could be in the house or building you are working on right now. Left alone, it isn’t dangerous. However, once disturbed, tiny asbestos fibres are released which can prove lethal if breathed in, causing lung disease and cancer. Make sure you know the basics about identifying asbestos on your job. Read this useful guide to check you know where asbestos can be found.

Duty to manage asbestos

The ‘duty to manage’ asbestos in the Control of Asbestos Regulations 2012 is aimed at those who are responsible for the maintenance and repair of commercial and industrial properties, and for protecting those who work in these buildings.  Contractors are entitled, by law, to know about any asbestos they may encounter, in any premises, before they start work.

Duty to manage asbestos in buildings 

In r.4 of the 2012 Regulations the term ‘duty holder’ means:

“(a) anyone who has, by virtue of a contract or tenancy, any obligation in relation to the maintenance or repair of non-domestic premises, or any means of access or egress to or from those premises; or  

(b) in relation to any part of non-domestic premises where there is no such contract or tenancy, anyone who has, to any extent, control of that part of those non-domestic premises or any means of access or egress to or from those premises.”   

The HSE’s  Approved Code of Practice ‘Managing and Working with Asbestos ‘(L143) provides further guidance, where it might still be unclear who has this duty. 

Under r.4, the duty holder must identify and manage the risk from the presence of asbestos on the premises. The duty holder must ensure a written plan shows where any asbestos containing materials (ACMs) are located, their condition, and how they will be managed to prevent exposure to asbestos, to employees, contractors or other workers who may carry out work that could disturb ACMs.  This plan must be communicated to those who may be affected, and carried out. The duty holder must also review the plan regularly, update it if circumstances change, and inform those who may be affected.  

Responsibility for communicating the management plan (including the location of asbestos) is clearly on the duty holder. Similarly, the duty holder must be able to confirm if there is no risk of encountering ACMs (e.g. through the results of an asbestos survey or due to the building being built after 2000). 

Whilst the onus is on the duty holder managing the premises to provide contractors with the necessary information, contractors are advised to make reasonable enquiries (in writing) if an asbestos management plan is not forthcoming, or if it is questionable. (Note: this will also provide evidence of contractor diligence.) If the plan is not forthcoming, the duty holder can be reminded that they have a legal requirement to have such a plan, and to provide information on the location and condition of ACMs to anyone who is liable to disturb it.   A contractor must not draw up such a plan for itself or the duty holder before staring work, if it does not know the location of all ACMs (the presence of asbestos may not be easy to identify).  

If a plan is still not forthcoming, then the contractor may draw its own conclusions about the duty holder’s approach to health and safety etc.  This conclusion may well involve a decision not to proceed with the work. However if a contractor still chooses to proceed with the work, it should be planned on the entirely precautionary basis that asbestos is likely to be present where work will be carried out.  Proper occupational health precautions must be in place to fully protect anyone who might accidentally encounter asbestos.  

Asbestos related disease

HSE estimates that up to 20 tradespeople die each week in the UK from exposure to asbestos, making it the single greatest cause of work-related deaths, according to the HSE.

Electrical and other building services contractors are potentially at risk from encountering asbestos, notably when carrying out refurbishment or maintenance. Asbestos is still out there in many buildings, built before 2000, and tradespeople are still being exposed to it.

Industry leading electrician story tells of the reality of asbestos exposure

We are greatly indebted to ECA past president Alan North of AS North Ltd and his family.  Alan told his own story before he sadly passed away in November 2013, as a result of asbestos exposure earlier in his career.

Please take five minutes to watch Alan’s story...