The Legalities of Asbestos

The Legalities of Asbestos

The legalities of asbestos are very important to understand as a dutyholder of commercial, industrial and shared domestic premises. Under the Control of Asbestos Regulations (2012), the duty to manage the presence and condition of asbestos-containing materials (ACMs) is a legal requirement. Therefore, not adhering to asbestos legislation can result in punishments and costly fines for non-compliance.

To ensure your premises are safe and fully compliant with Health and Safety Executive (HSE) regulations, keep reading to learn more about the legalities of asbestos, including a recent case study.

What is Asbestos?

Asbestos is an umbrella term used to describe multiple naturally-occurring minerals that have crystallised to form mechanically strong fibres. These fibres cannot dissolve or evaporate, as they are resistant to water, heat and fire, as well as chemical and biological degradation. 

To learn more about asbestos, click here.

What Types of Asbestos Are There?

There are two main sub-groups of asbestos – serpentine and amphiboles. Serpentine asbestos (chrysotile or white asbestos) has soft, flexible fibres and was the most commonly used type before the UK banning of asbestos in 1999. Amphibole asbestos (crocidolite or blue asbestos, amosite or brown asbestos, tremolite, actinolite and anthophyllite) has brittle, needle-like fibres and poses a higher risk to health.

What are the Health Risks of Asbestos?

According to the HSE, asbestos is responsible for over 5000 deaths every year. Exposure to asbestos can cause four main diseases:

  • Mesothelioma – a cancer affecting the lining of the lungs, it is always fatal and is almost exclusively caused by exposure to asbestos.
  • Asbestos-related lung cancer – almost always fatal.
  • Asbestosis – a scarring of the lungs which is not always fatal but can be a very debilitating disease, greatly affecting quality of life.
  • Diffuse pleural thickening – a thickening of the membrane surrounding the lungs which can restrict lung expansion, leading to breathlessness.

Due to a latency period, it can take anywhere between 15-60 years for any asbestos-related symptoms to develop after exposure. Hence, signs may not appear immediately, but will appear in later life as the effect of these diseases is cumulative.

Where is Asbestos Found?

Some of the most common areas to find asbestos include:

  • Ceiling panels.
  • Floor tiles.
  • Lagging on plant and pipework.
  • Insulation products, e.g. fireproof panels.
  • Asbestos cement roofing material.
  • Car brakes and clutches.
  • Sprayed coatings on structural material to insulate against fire and noise.

What are the Consequences Surrounding the Legalities of Asbestos?

If asbestos laws are broken, this can lead to huge fines, court proceedings and in extreme cases, imprisonment, if fines are not paid within a certain time period.

For example, in April of 2024, a director of a Cornwall property development company, was fined a total of £92,129 – including prosecution, remedial costs and a victim surcharge. They were ordered to pay this fine within 12 months, or they would face a 2-year prison sentence.

This punishment was due to a hotel demolition project of theirs that was undertaken in order to create space for a new block of flats. 

However, the Truro Crown Court was informed that the hotel was full of asbestos while they were working on the site – exposing both staff and passers-by – and one of the asbestos survey reports that was relied upon was out-of-date. There was also a “misunderstanding” during the tender process of the paid asbestos management services undertaken, as to what had to be removed and by whom. This meant that the company was charged under the Health and Safety at Work Act.

Consequently, their plea admitted that the removal process should have been carried out by licensed asbestos contractors. 

Only fully trained asbestos consultants should survey, remove, manage or re-inspect any potential ACMs within your premises, to avoid the consequences of the legalities of asbestos. Here at Pillars Environmental, we have a wealth of combined industry experience and as a result, we will only ever carry out our asbestos management services in line with the latest asbestos legislation.

To read more about the story, click here.

What is an Asbestos Survey?

An asbestos survey is a method of assessing whether a material, product, room or building contains asbestos.

The first stage of our asbestos surveys is pre-inspection desktop studies, which include compiling information about the places/items that are being inspected. This can involve procuring building plans, site layouts, old asbestos surveys/registers and any removal certificates that may be present from past asbestos removal works.

Subsequently, the surveyor will undertake on-site inspections and collect any bulk samples to be sent to a UKAS-accredited laboratory. The samples can then be confirmed for the presence, type and condition of asbestos at hand. 

Finally, all of the collected information will be collated into a comprehensive, cohesive and precise asbestos survey. This should show the exact locations, quantities, conditions, types of asbestos and surface treatment of the ACMs. Any areas that consultants did not access should be noted within the survey, along with the reasons why.

What Types of Asbestos Services Do You Provide?

At Pillars Environmental, we pride ourselves on offering a wide range of asbestos services. This includes Refurbishment & Demolition Surveys (also known as R&D asbestos surveys), Asbestos Management Surveys, Asbestos Management Plans, Asbestos Removal Management and Asbestos Re-Inspections.

If one of our asbestos surveys results in the need for an asbestos management plan and/or frequent asbestos re-inspections, this will provide you with an in-depth service and offer you peace of mind – not only that you and all users of your building will be safe, but also that you will be remaining HSE compliant and fulfilling all of your legal obligations as a dutyholder. 

To determine which type of asbestos survey you need for your premises, click here.

What Types of Buildings Do You Provide Asbestos Services For?

Ready to Make Your Premises Safe and Legally Compliant? 

Our friendly and knowledgeable team, based across Lancashire, Greater Manchester and Cheshire, are always happy to discuss your unique project requirements throughout the UK. We can help you arrange any of our bespoke asbestos service packages, tailored to you and your commercial, industrial or shared domestic premises. 

Contact us today to avoid punishments and costly fines for non-compliance.

 

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