The government has been urged to take further action to prevent more people from dying from asbestos exposure – 25 years after the deadly material was banned in the UK.
Figures show that despite a ban being in place for more than two decades, thousands of people are still dying from asbestos-related causes every year.
Concerns have been raised as an estimated 300,000 non-domestic buildings built before 1999 still contain asbestos, including in schools, libraries and leisure centres, and figures show that asbestos is still the biggest workplace killer.
Ahead of Global Asbestos Awareness Week in April, the Institute of Occupational Safety and Health renewed its call on ministers to work with policymakers, regulators, employers and worker representatives to increase awareness.
Head of policy Ruth Wilkinson said:
“We know that about 5,000 people die from asbestos-related diseases every year in the UK. While the cause of their illness was likely exposure from decades ago, we believe that people are still being exposed today, putting them at risk of terminal cancers such as mesothelioma in the years to come.
“This is unacceptable. What is of significant concern is the lack of consistency in managing asbestos among duty holders and a lack of awareness and knowledge about it among those who are coming into contact with it, particularly in smaller businesses.”
In 2022, figures revealed Britain has the highest rates of mesothelioma cases in the world, and around 5,000 people die every year.
The Trades Union Congress (TUC) called for new legislation to remove all asbestos in public buildings, rather than the current policy of “managing it”.
At the time, TUC General Secretary Frances O’Grady said:
“Asbestos exposure at work continues to cause thousands of deaths every year. Yet asbestos is still with us in workplaces and public buildings across the country. As a result, more than 22 years after the use of asbestos was banned, hundreds of thousands of workers are still put at risk of exposure every day.
“The only way to protect today’s workers and future generations is through the safe removal of asbestos from all workplaces and public buildings. We need national government to work with local authorities on a plan to remove it from every last building.”
But despite this, the law still states that asbestos only needs to be “managed” and not removed.
Asbestos – What can it cause?
Asbestos exposure can lead to life-altering and sometimes fatal conditions including asbestosis and Mesothelioma.
Mesothelioma is a type of asbestos related cancer affecting the pleura (lining of the lung) but can also be found in the lining of the abdominal cavity (peritoneal) or the lining around the heart (pericardial).
Other types of asbestos related cancers and illnesses are disorders of the lungs caused by exposure to and inhalation of asbestos fibres.
These conditions usually develop many years or decades after exposure to asbestos.
Symptoms of asbestos-related illness
- Shortness of breath and difficulty breathing
- Chest pain
- Cough and wheeze
- Extreme tiredness
- Unexplained weight loss
- Abdominal pain and swelling (in the case of peritoneal mesothelioma).
Other types of asbestos-related cancers and illnesses can also cause similar symptoms to that of mesothelioma and can sometimes spread to other parts of the body.
Sometimes, symptoms exposure do not develop until years or even decades after the asbestos-exposure.
Asbestos exposure at work – What is the law?
As well as common law duty to ensure a safe place of work and a safe system of work, your employer will have a number of duties set down by statute. This means that if you have suffered after being exposed to asbestos at work, you might be entitled to compensation.
Employers must follow the following regulations to keep workers safe:
Health and Safety at Work Act 1974
- Employers have a duty so far as is reasonably practicable to ensure the safety and welfare of their employees.
Management of Health and Safety at Work Regulations 1999
- Duty to undertake a reasonable risk assessment (Reg. 3)
- Requirement to undertake a health surveillance (Reg. 6)
Personal Protective Equipment at Work Regulations 1992
- Ensure that suitable personal equipment is provided (Reg. 4)
- Ensure an assessment of any personal protective equipment is undertaken to determine whether it is suitable.
Control of Substances Hazardous to Health 2002
- Required to assess health risk where work is liable to expose employees to substances hazardous to health (Reg. 6)
- Ensure exposure to substances hazardous to health is either prevented, or where not reasonably practicable, adequately controlled (Reg. 7)
- Ensure any employee exposed to substances hazardous to health are monitored and under suitable health surveillance (Reg. 11)
Asbestos at work – When to make a claim
If you have read the above and feel that you may be suffering from any of the symptoms whilst exposed to substances at work, call Oakwood Solicitors to speak to a member of our dedicated Industrial Disease team.
In order to run the majority of personal injury claims, you have to have started the claim within three years of the injury. However, with industrial disease claims it may be that the injury started over a period of time and was only diagnosed within the last three years.
For more information on how and when to make a claim, visit the Oakwood Solicitors website.
Further reading
Mesothelioma claims – Oakwood Solicitors
Respiratory disease claims – Oakwood Solicitors
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
Natasha Hardy is a Solicitor and Head of the Industrial Disease Department, specialising in Industrial Disease matters and has experience in handling a wide range of cases including claims for Noise-I…
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