Access Legal from Shoosmiths

Asbestos obligations highlighted by Health and Safety Executive

By Sara Hunt
Published: 01:57PM BST 03 Aug 2010


The Health and Safety Executive (HSE) has emphasised in recent guidance the circumstances in which it will take enforcement action if companies and those responsible for non-domestic companies fail to comply with asbestos regulations.

The use of asbestos wasn't banned in this country until 1999, so many buildings constructed or refurbished before Year 2000 could contain asbestos.

Maintenance of these buildings is now considered to present the greatest risk of ongoing asbestos exposure, particularly to tradesmen such as electricians, plumbers and carpenters.

Workers are at risk when asbestos is disturbed and the fibres become airborne. It can be disturbed inadvertently by drilling or cutting during maintenance work. Asbestos is still believed to remain in 500,000 UK buildings.

In accordance with the Control of Asbestos Regulations 2006 (updating the 2002 regulations) those in control of non-domestic premises are obliged to take steps to survey, risk assess and manage the condition of their buildings, including assessing whether there is any asbestos in the premises and the likelihood of exposure as a result. This should include considering the safe removal of any asbestos.

In its latest guidance, the HSE list the factors its inspectors will look for when visiting sites:

  • Have survey results been addressed in an up-to-date management plan for asbestos-related materials?
  • Are there systems in place to implement, monitor and review the management plan, including a responsible person to oversee materials management?
  • Is maintenance work regulated in accordance with the asbestos regulations?
  • Have employees, managers and contractors received training and been told about the presence of asbestos-containing materials?
  • Is there a clear, documented strategy and procedure in place for the management of the asbestos risk?

The HSE is making it clear that simply carrying out a survey is not sufficient: the risks must be properly assessed and acted upon.

Failing to comply with the regulations could lead to an unlimited fine or two years' imprisonment.

Sara Hunt, associate and asbestos claims specialist said, "With approximately 2,000 people dying each year from asbestos related cancer, mesothelioma, and many more suffering from asbestos related diseases, it's crucial that the regulations are complied with.

"If they're no complied with, then they must be enforced rigorously if asbestos illness is ever to become a danger of the past."

Tell us what you think

All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.

Dealing with asbestos claims
"Being diagnosed is
a stressful time but
we can help"

Sara Hunt, Associate
Dealing with asbestos claims
Call us seven days a week on:
03700 86 86 86
or request a call-back...
 Choose date

Want to send us something by post? Click on an office below for the address details:

Basingstoke

Shoosmiths
Quantum House
Basing View
Basingstoke
RG21 4EX

Birmingham

Shoosmiths
7th Floor
125 Colmore Row 
Birmingham
B3 3SH

Manchester

Shoosmiths
3 Hardman Street
Spinningfields
Manchester
M3 3HF

Milton Keynes

Shoosmiths
Witan Gate
Witan Gate House
500-600 Witan Gate West
Milton Keynes
MK9 1SH

Northampton

Shoosmiths
The Lakes
Northampton
NN4 7SH

Nottingham

Shoosmiths
Waterfront House
Waterfront Plaza
35 Station Street
Nottingham
NG2 3DQ

Southampton

Shoosmiths
Russell House
1550 Parkway
Solent Business Park
Whiteley
Fareham
Hampshire
PO15 7AG

Reading

Shoosmiths
Apex Plaza,
Forbury Road
Reading
Berkshire
RG1 1SH

Access Legal is part of Shoosmiths, a leading national UK law firm. © Shoosmiths 2010
Terms and Conditions of use | Privacy statement | Complaints policy | Sitemap | Accessibility | Contact us | Legal notice | Shoosmiths web site