The legal duty to manage asbestos covers a wide range of buildings such as museums, schools, hospitals, and places of worship, as well as workplaces and common areas of some domestic properties.
What is asbestos?
Asbestos is a natural fibrous mineral. There are three main types:
- Crocidolite (blue asbestos)
- Amosite (brown asbestos)
- Chrysotile (white asbestos)
Asbestos acts as an insulator, has good fire protection properties, and protects against corrosion.
Due to these properties, asbestos can be found in many construction materials and building fittings including ceiling tiles, pipe insulation, boilers and sprayed coatings. It was used widely from the 1950s through to 1999, when using asbestos was banned. The ban made it illegal to buy, sell, import, or export any materials containing asbestos. While the use of blue and brown asbestos was banned earlier in 1985, the full ban in 1999 included white asbestos.
Despite the ban, asbestos remains in some buildings constructed before 1999, and ongoing maintenance and repair work can cause exposure to asbestos fibres if not managed effectively.
Why is asbestos dangerous?
Asbestos is the leading cause of work-related deaths in Great Britain. Around 5000 people die from asbestos-related diseases every year in the UK. Deaths remain high, after over 20 years of the material being banned, due to the slow development and incurable nature of these illnesses.
Inhaling asbestos fibres can cause mesothelioma or asbestos-related lung cancer. Mesothelioma is a cancer of the lung lining. It is always fatal and is almost exclusively caused by exposure to asbestos. Asbestos-related lung cancer is almost always fatal.
Asbestos presents a risk to health when the fibres become airborne. This happens through cutting, drilling, or otherwise breaking up asbestos containing material during construction work. Working on or near damaged asbestos can also risk exposure to high levels of asbestos fibres.
A key risk factor for developing an asbestos-related disease is the total number of fibres inhaled. Even small jobs can be dangerous if carried out regularly.
The Control of Asbestos Regulations 2012 set standards for the protection of workers and others from the risks of exposure to asbestos.
Dutyholders and responsibilities
The duty to manage asbestos in buildings covers all non-domestic premises, as well as common areas of multi-occupancy domestic premises.
Non-domestic premises include industrial and commercial buildings, such as:
- Factories
- Warehouses
- Offices
- Shops
They also include public buildings, such as:
- Hospitals
- Schools
- Places of worship
- Museums and libraries
The ‘dutyholder’ to manage asbestos in these buildings could include:
- Building owner
- Landlord
- Person or organisation with clear responsibility for the building's maintenance or repair
Tenancy agreements and contracts can place duties to manage asbestos on certain people or organisations. For public buildings, the relevant dutyholder will depend on who is responsible for maintenance of the building. This could be an employer or local authority.
Read more about dutyholders and asbestos responsibilities.
To comply with the law on work involving asbestos, different actions are required depending on your responsibilities. The HSE website provides guidance on actions to take depending on your job role.
Understanding the dangers and legal duties is key to managing asbestos effectively. Protect against asbestos now to prevent irreversible and often fatal illnesses in the future.
Visit the HSE website for more information about the duties to manage asbestos in buildings.
Learn more about respiratory protection for asbestos.
Find more information on respiratory hazards in the workplace.
If you need further support, please contact our Technical Support Team using the email: technical@jspsafety.com or contact us via WhatsApp.