Britain’s workplace regulator is reminding manufacturing firms of their asbestos duties. 

As we approach Global Asbestos Awareness Week (April 1 – 7), the Health and Safety Executive (HSE) is reminding those running businesses occupying buildings built before 2000 to properly assess, manage and monitor asbestos risks in line with the law. 

Older manufacturing facilities may house multiple asbestos containing materials (ACMs). Asbestos was widely used in buildings and in some equipment between 1950 and 1980; however, any building built or refurbished before 2000 could contain an ACM. 

Asbestos can be found in: pipe lagging, insulation board, asbestos cement products such as profiled roof sheets and wall panels, floor coverings and asbestos sprayed coatings. ACMs such as gaskets and rope seals can also be found within old plant and equipment such as industrial ovens and pipework. 

Asbestos exposures caused by poor planning and risk management can have substantial human costs for victims and their families. Asbestos-related diseases remain the highest cause of work-related deaths in Great Britain, these often fatal diseases, typically take decades for symptoms to occur following exposure.  

There is a legal duty to manage asbestos and failing to do so can result in penalties ranging from fines to prison sentences. The implications of an asbestos incident can also be far reaching in terms of reputation, staff morale, attracting new staff and overall costs.  

HSE data reveals there have been more than 100 asbestos-related prosecution cases brought in the past five years, relating to 150 breaches of the law. 

Make UK, supporting the manufacturing sector and businesses around the country is supporting HSE’s call. Chris Newson CFIOSH, Environment Health and Safety Director, said he was happy Make UK was fully behind the HSE’s “Asbestos – Your Duty” campaign. 

“The number of people affected each year by this deadly material within UK manufacturing is still far higher than it need be,” he said.  

“It is important that all dutyholders within our sector are aware of their duties and the excellent resources made freely available by HSE to help them meet their legal requirements.”  

The risks associated with asbestos-containing materials are well known and free advice and resources are available from the HSE’s website. 

As the regulator’s campaign continues, HSE Head of Manufacturing Sector, David Butter reminded those responsible that asbestos wasn’t just a problem of the past. 

“It can still be found in a wide variety of materials in factories and manufacturing premises,” they said.  

“Dutyholders must identify, assess and manage asbestos in their buildings to keep people safe.” 

There are six steps for how those responsible can comply with their legal duty: 

1. Find out if asbestos could be present in your building. 
2. Arrange an asbestos survey by a competent person or accredited surveyor. 
3. Make a register and assess the risks from your asbestos. 
4. Write your asbestos management plan. 
5. Put your plan into action. 
6. Continually monitor and communicate the plan. 

David went on to say: “Employers should not undertake any work with asbestos materials, which exposes their employees, unless the risks have been assessed and appropriate control measures have been implemented.  

“Some types of work associated with asbestos materials may only be undertaken by a suitably licensed asbestos contractor under stringent procedures. 

“As well as being a legal duty, it is simply common sense and good business to ensure rigorous managing and monitoring of asbestos.” 

Further information: 

 For further information on asbestos-related disease statistics visit: Asbestosis, mesothelioma, asbestos related lung cancer and non-malignant pleural disease in Great Britain 2024 

Hundreds of inspections at council buildings will be carried out by the Health and Safety Executive (HSE) to check councils are managing the risk of asbestos properly.

HSE inspectors will visit the head offices of dozens of councils across the country to ensure asbestos risks are being managed effectively to keep people safe. Each council visit will see inspections take place at several different sites within each local authority’s property portfolio. This work continues previous inspection campaigns that targeted hospitals and schools.

The inspections will assess how local authorities are managing the risks from asbestos within their buildings and meeting the ‘duty to manage’ (DTM) requirements under Regulation 4 of the Control of Asbestos Regulations 2012 (CAR).

The duty to manage asbestos covers a wide range of buildings, some regulated by HSE and others regulated by our colleagues in local authorities. These visits will look at asbestos management in public buildings, including libraries, museums and leisure centres.

People who visit or work in these buildings will not be exposed if asbestos is properly managed. But it can become dangerous when disturbed or damaged.

HSE launched The Asbestos – Your Duty campaign in January 2024 to reach those responsible for maintenance and repair of non-domestic buildings built before the year 2000 to raise awareness of the legal duty to manage asbestos in buildings.

Helen Jones, HSE’s Head of Health and Public Services Sector, said: “Local authorities have a hugely important role to play in keeping people safe.

“They can do this through the maintenance of their property portfolios and in their role as a regulator.

“To keep people safe from its harms, a culture of safely managing asbestos is needed in our building industry and among those responsible for buildings.

“Asbestos exposure in Great Britain is still the single greatest cause of work-related deaths due to exposures decades ago.

“Together, we must protect people in the workplace and reduce future work-related ill health.”

“Those responsible for the maintenance of buildings must do everything to comply with the law and prevent exposure to this dangerous substance, which was widely used in post-war construction before it was completely banned in 1999.

Premises built before the turn of the century, and especially those between 1950 and 1980, when the use of asbestos in construction was at its peak, must carry out the necessary checks, understand their legal responsibilities and actively manage any asbestos they are responsible for.

HSE will check how asbestos is managed when visiting a range of buildings across council stock ensuring they have the right arrangements in place.

HSE inspectors, will contact the local authority before visiting to arrange a suitable date and time for the inspection.

Background

What should local authorities (LAs) do to prepare for these inspections?

In advance of the inspections, LAs may wish to review their current arrangements and check that they are meeting their duties under CAR, which includes requirements to:

1. take reasonable steps to find out if there are asbestos-containing materials (ACMs) in their buildings, and if so, the amount, where it is and what condition it is in
2. presume materials contain asbestos unless there is strong evidence that they do not
3. make, and keep up to date, a record of the location and condition of any ACMs – or materials which are presumed to contain asbestos
4. assess the risk of anyone being exposed to fibres from the materials identified
5. prepare an asbestos management plan (AMP) that sets out in detail how the risks from these materials will be managed
6. take the necessary steps to put the plan into action
7. periodically review and monitor the plan and the arrangements, and act on the findings, so the plan and arrangements remain relevant and up to date
8. provide information on the location and condition of the materials to anyone who is liable to work on, or disturb them

Notes to editors:

1. The Health and Safety Executive(HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. The Asbestos – Your Duty campaign aims to raise awareness of the risks of asbestos. Free resources are available here: https://workright.campaign.gov.uk/campaigns/asbestos-your-duty-campaign-assets/ and a video about asbestos inspections is available here: https://www.youtube.com/watch?v=BsVp1l4COeU.
3. Information on where asbestos can be found is available on HSE’s website.
4. Further details on the latest HSE news releases is available.

A company director has been fined after workers were exposed to asbestos during the demolition of a hotel in Cornwall.

Mr Paul Stephens, director of the now liquidated Stephens and Stephens Developers Limited, was fined more than £60,000 as a result of failures at the former Cliffdene Hotel in Newquay in 2020. The hotel had closed in 2018 and was part of a redevelopment plan to build residential apartments on the site.

An investigation by the Health and Safety Executive (HSE) into the control of asbestos at the site came after the hotel had been almost entirely demolished in August 2020. The company had overall control over the assessment and removal of all asbestos containing materials (ACMs) on site.

However, further enquiries revealed the presence of extensive asbestos debris, a sign that significant spreading had occurred, and that those actions taken to control exposure had been inadequate. Stephens was charged for failure to take reasonably practicable steps to contain the spread of asbestos.

• The issue of asbestos more widely, and improving knowledge of the dangers, is the focus of two HSE campaigns. Guidance on asbestos safety has recently been updated and the current Asbestos: Your Duty campaign aims to improve understanding of what the legal duty to manage asbestos involves.

Paul Stephens of Bar Meadows, Malpas, Truro, Cornwall pleaded guilty to breaching regulations 16 of the Control of Asbestos Regulations 2012 by virtue of Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £65,813 and ordered to pay costs of £26,116 at Truro Crown Court on 24 April 2024.

Speaking after the hearing HSE principal inspector Georgina Symons said: “The hotel was not in a state of disrepair and presented no structural danger, so there is no reason why the removal of ACMs could not be done ahead of its demolition.

“Identification of the hazard is key. No asbestos removal should happen if there is a risk of exposing workers to it. There needs to be a sufficient assessment as to the presence, location and condition of asbestos at all premises.

“Those tasked with undertaking the assessment should have the necessary skills, knowledge and experience to undertake this work.”

This prosecution was brought by HSE enforcement lawyer Matt Reynolds.

Notes to editors:

1. The Health and Safety Executive(HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. HSE has recently updated its guidance on asbestos safety and has just launched its Asbestos: Your Duty campaign that aims to improve understanding of what the legal duty to manage asbestos involves.