Who is responsible for preventing your exposure to asbestos?

The danger of asbestos exposure

Though asbestos was banned in 1999, its widespread use in construction prior to this means it can still be found in many buildings across the UK today. It’s strength, heat resistance and low cost meant that it was frequently used as an insulating material for buildings, boilers and pipes, as well as floor tiles, car brakes and ships.

Today, however, asbestos is well known as a severe health risk. Inhaling asbestos fibres can lead to severe illness, including asbestosis, mesothelioma and lung cancer. For this reason, if asbestos is discovered, or suspected during renovation work, robust measures should be taken to ensure the risk is minimal.

In the event asbestos is discovered in a non-domestic property – or indeed a domestic property - where workers and the public may be at risk of exposure, those responsible for the property should act as quickly as possible.

What is asbestos exposure?

Asbestos exposure happens when someone inhales airborne asbestos fibres, sometimes referred to as ‘asbestos dust’. These fibres then become lodged in the respiratory system, causing internal damage such as scarring to the lung tissue.

Asbestos exposure can cause a number of serious and chronic conditions, including asbestosis and mesothelioma (a type of cancer).

Fibres are released into the air when asbestos is disturbed. As the material was widely used for many decades in a variety of different products – including insulation and building materials – there remains a significant risk of asbestos exposure if work is undertaken without the proper precautions and safety measures.

How much asbestos exposure is dangerous?

There is no amount of asbestos exposure that is considered safe. Even in small quantities, asbestos fibres can cause significant damage when inhaled, including pleural disorders such as pleural thickening, mesothelioma and lung cancer.

It is therefore critical that those responsible for buildings ensure any risk of asbestos exposure is minimised.

What are the Control of Asbestos Regulations?

Under the Control of Asbestos Regulations 2012, any asbestos discovered on a work site must be registered and disposed of by specialists. Duty holders must, by law, see that risk assessments are carried out, along with clear plans that ensure any further health risk is eliminated. They should also provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.

Raising awareness of the risks of exposure to asbestos is important in avoiding the life-changing effect it can have on people many years down the line. Any acknowledged breaches of health and safety should therefore be suitably punished in considering the potential damage that such negligence could cause.

How can asbestos exposure best be prevented?

If there is a risk of asbestos exposure, it is important that those in the vicinity are provided proper protection to prevent inhalation of fibres. Some of the ways in which this can be achieved include engineering controls, the use of personal protective equipment (PPE) and ventilation equipped with HEPA filters. The area around the disturbed asbestos should be sealed where possible, and access should only be granted where strictly necessary and to those in full protective clothing.

It is important to note that asbestos fibres can cling to clothing and be transported (and subsequently disturbed and inhaled) elsewhere, such as at home. For this reason, any PPE worn must fully cover the individual.

Who is responsible for preventing your exposure to asbestos?

The Control of Asbestos Regulations 2012 name the Duty Holder as the person (or persons) responsible for preventing asbestos exposure. The Duty Holder is the person or group of people responsible for the property, including landlords.

If you believe there is a risk of asbestos exposure, you should inform the Duty Holder as soon as possible. They should then take every measure to limit the risk of exposure.

Exposed to asbestos? Get industry-leading legal support

Slater and Gordon have a specialist team of asbestos compensation solicitors that deal with asbestos claims on a no win no fee basis. For a free consultation call 0330 041 5869 or contact us online and we’ll be happy to help you.

All information was correct at the time of publication.

FAQs: Preventing exposure to asbestos

What are the legal risks and penalties for failing to prevent asbestos exposure?

The penalty for failing to prevent asbestos exposure can vary depending upon the severity of the failure, though they are often very severe given the potential consequences to any individuals exposed.

Penalties could include:

• Fines: minor breaches in safety protocols could be fined up to £20,000, while more serious breaches can result in an unlimited fine
• Imprisonment: sentences can range from six months for minor breaches to up to two years for a serious offence
• Civil claims: anyone who has been affected by asbestos exposure and was subsequently diagnosed with an asbestos-related illness could make a claim for compensation

How frequently should employers conduct an asbestos risk assessment?

Under the Control of Asbestos Regulations 2012, employers and dutyholders are required to carry out asbestos risk assessments at least every year. Some buildings and premises may need to be checked on a more frequent basis, depending upon:

• The age of the building: premises built before 2000 could need to be checked more frequently as asbestos-containing materials (ACMs) were likely used in their construction
• Refurbishment or development plans: any building due to be refurbished or demolished should be re-assessed before work begins
• Previous assessment findings: If asbestos has been identified at a premise in previous inspections, further monitoring may be necessary to manage any risks
• Damage caused by accidents or natural disasters: where any damage has been done to a building, an assessment should be carried out to determine if there is any risk of asbestos exposure

What is the control limit for asbestos exposure?

The Health and Safety Executive has set the control limit is currently set at 0.1 fibres per cubic centimetre of air (0.1 f/cm3). This is the level of asbestos fibres in the local environment that can be measured over a continuous four-hour period before the risk of asbestos exposure increases to unsuitable levels.

However, the HSE stresses that even these low levels should not be considered ‘safe’ and that all attempts should be made to keep levels as far below the control limit as possible.

Is asbestos covered by the Control of Substances Hazardous to Health?

No, the Control of Substances Hazardous to Health (COSHH) does not cover asbestos. Instead, asbestos has its own legislation, the Control of Asbestos Regulations 2012, which places strict controls on how asbestos should be managed, controlled and the risk of exposure minimised.