The Health and Safety Executive (HSE) initiated a public consultation to enhance the Control of Asbestos Regulations and improve asbestos management guidance, aiming to better protect workers from health risks associated with residual asbestos.
Despite Great Britain already having one of the best workplace health and safety records globally, the HSE is seeking to build on this foundation by targeting areas where asbestos remains a major cause of occupational death.
Three Proposals to Strengthen Asbestos Safety
The regulatory framework is set to be enhanced by three key proposals:
- Independent Clearance: To minimise exposure risks post-removal, the Health and Safety Executive (HSE) propose ensuring independence and impartiality in the four-stage asbestos clearance process.
- Improved Survey Standards: Proposals aim to raise the quality of asbestos surveys so that duty holders have accurate information for safe risk management.
- Clarifying NNLW: The consultation seeks to clearly define what work involving asbestos falls under the category of Notifiable Non-Licensed Work (NNLW).
This consultation is specifically relevant to:
- Duty holders
- Asbestos analysts, contractors, and surveyors
- Associated professions (e.g., facilities management and construction)
Asbestos: The UK’s Biggest Work-Related Killer
The move comes as asbestos remains the single largest cause of work-related deaths in the UK.
Minister for Social Security and Disability, Sir Stephen Timms, states, “The dangers of asbestos exposure are well known. Its legacy is that it remains the biggest cause of work-related deaths in the UK, responsible for 5,000-plus deaths per year, with more people living with the impact of asbestos-related disease.”
Adding that the consultation aims to improve the existing framework, ‘the Control of Asbestos Regulations 2012’, to enhance worker and public protection.
HSE Seeks Effective and Proportionate Approach
Rick Brunt, Director of Engagement and Policy at HSE, confirmed that asbestos is still a significant risk to workers and that these proposals are a crucial step toward strengthening protections.
“We want to hear from all stakeholders involved in the asbestos regulatory system to ensure our approach is both effective and proportionate, supporting HSE’s commitment to protecting people and places whilst enabling innovation and economic growth,” Brunt said.
The feedback gathered through the consultation will inform the final decisions on amending the regulations and guidance, aiming to make a lasting impact on asbestos safety across Great Britain.
Frequently asked questions:
What is 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 over years or decades after asbestos exposure. These conditions can also occur as a result of non–non-occupational, environmental exposure.
Asbestos was extensively used in building materials, and a large amount of asbestos still remains in buildings. If the asbestos is disturbed to allow fragments to be released into the air, it can create a potential hazard to health.
What are the Mesothelioma Symptoms?
Mesothelioma is usually fatal, and symptoms will rapidly deteriorate after a diagnosis is made. Symptoms can include:
- shortness of breath and difficulty breathing,
- chest pain,
- cough and wheeze,
- extreme tiredness,
- unexplained weight loss
- and abdominal pain and swelling (in the case of peritoneal mesothelioma).
What types of jobs put you most at risk?
There is no finite list as to what jobs may expose you to chemicals that could cause respiratory diseases, but the following types of jobs are considered the riskiest:
- Construction: Workers who inhale dust in demolition zones can be at risk.
- Manufacturing: Factory workers are exposed to dust, chemicals, and gases that could lead to respiratory diseases.
- Textiles: Textile workers who make upholstery, towels, socks, bed linens, and clothes are at risk of exposure. They may inhale particles released from cotton and other materials.
- Cleaning: Commonly used disinfectants can cause or worsen respiratory disease.
What is Employer Liability in a Mesothelioma Claim?
Employers have had a legal duty to reduce and prevent exposure to asbestos since the early 1900s.
Employers are under a duty of care to ensure their Employees are not put at any foreseeable risk as far as practicable.
As well as the common law duty to ensure a safe place of work and a safe system of work, your employer will have duties set down by statute.
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 is monitored and under suitable health surveillance (Reg. 11)
How can I claim?
At Oakwood Solicitors, our Industrial Disease solicitors have a wealth of experience in dealing with occupational cancer and respiratory claims.
If you are suffering from mesothelioma or an asbestos-related illness, this may have been caused by your employers’ negligence regarding your safety, for which you may be able to receive compensation.
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. We will be able to clarify this for you.
How much is my claim worth?
The value of the claim will solely depend on the issues which are medically associated with your work exposure.
We will instruct an appropriate expert with an expert field in respiratory medicine; it will be once a medical report has been produced that we will be able to accurately assess the value of the claim.
The claims range for these types of cases can be from thousands of pounds to hundreds of thousands of pounds.
Further information:
Mesothelioma Claims.
Mesothelioma Claims – Don’t Delay Legal Action.
HSE seeks views on proposals to enhance worker and public protection from asbestos exposure.
WHAT TO DO NEXT
If you have suffered as a result of a delayed Mesothelioma diagnosis due to asbestos exposure, 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.
Liam Hill is a Solicitor and Deputy Head of the Industrial Disease Team, having trained and qualified at Oakwood Solicitors. Liam joined us in 2013 after successfully completing the Legal Practice C…
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