A new HSE campaign has been launched to help keep people safe from asbestos in public places.
The initiative, called Asbestos: Your Duty has been launched by the Health and Safety Executive (HSE) to help people who manage buildings understand their responsibilities and minimise asbestos exposure.
The new campaign relates to buildings that people use in their daily lives, such as workplaces, schools and hospitals. It has been launched after figures show that it is thought that around 87,000 public buildings in the UK still contain asbestos.
Asbestos is a building material that was commonly used in post-war construction. It was used because it was cheap, fire-proof, sound-absorbing and durable. But years later it was found to be toxic if touched or inhaled, before being completely banned in 1999.
However, many buildings in the UK, that were built in the postwar era still contain the dangerous material. Asbestos becomes a risk if it is disturbed, for example, if DIY is carried out, or if the building needs repairs, and the building manager is not aware it is there.
The Health and Safety Executive (HSE) now wants anyone with responsibilities for buildings to do everything to comply with the law and prevent exposure to this dangerous substance.
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 like offices and factories.
Businesses and organisations responsible for 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 and understand their legal responsibilities.
People who visit or work in these buildings will not be exposed if asbestos is properly contained. But it can become dangerous when disturbed or damaged.
Updated information, new templates (including an asbestos management plan template), and explanatory videos can be found on HSE’s website to help anyone who is unsure of their legal duties – or just need to refresh themselves – on what they need to do.
HSE will check how asbestos is managed when visiting a range of buildings – like schools and hospitals – requiring those responsible for managing asbestos risks to ensure they have the right arrangements in place.
Sarah Albon, HSE’s chief executive said:
“To keep people safe from the harms of asbestos, 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.”
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/Asbestos-related 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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