Launches two Asbestos Campaigns - HSE takes action to highlight risks

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The Health and Safety Executive is running two consecutive asbestos campaigns to highlight safety concerns and the measures that should be taken to keep workers safe.

Asbestos is a toxic material that was used in building and construction up until the 1990s – before it was banned.

If disturbed, asbestos can cause fatal lung diseases, such as asbestosis, mesothelioma and pulmonary fibrosis – which can be impossible to treat, and often do not present symptoms until decades after the exposure.

In light of this, HSE is running two campaigns to raise awareness of asbestos and how to keep it under control.

Launches two Asbestos Campaigns

Asbestos and you

The first campaign, Asbestos and You, is directed at tradespeople, who may come into contact with asbestos whilst working on properties in their day-to-day job.

HSE says that every tradesperson is likely to undertake work in a building that contains asbestos at some point. Those carrying out repairs or refurbishment work are at a higher risk of disturbing asbestos, especially when working in houses built before the year 2000.

This is why it is so crucial to know what to do and how to keep safe when working with asbestos.

Figures show that 5000 people die from past exposure every year, and this campaign aims to help tradespeople avoid exposure and the risks involved.

The HSE warns that even small jobs, like drilling a hole can expose you to hidden asbestos. But if your work is likely to disturb asbestos, you and your employer must take action to ensure you and others are not exposed to fibres. Meanwhile, you must be appropriately trained to work safely with asbestos or be aware of it and stop work.

For a full breakdown of the campaign, visit the Asbestos & You website.

Asbestos – Your Duty

The second campaign, Asbestos – Your Duty is there to raise awareness of the legal duty to manage asbestos in buildings. The ‘dutyholder’ is responsible for protecting people from exposure to asbestos, including people who work in their buildings or use them in other various ways.

The dutyholder may be one of the following:

Building owner
Landlord for the premises

person or organisation with clear responsibility for the building’s maintenance or repair

Duty to manage – What does it mean?

The duty to manage asbestos is part of the Control of Asbestos Regulations. By law, it requires the person who has the duty (the ‘dutyholder’) to:

Assess if there are asbestos-containing materials (ACMs) present, the amount, where they are and their condition
Presume materials contain asbestos unless there is strong evidence that they do not
Make, and keep up to date, a record or register of the location and condition of the ACMs or presumed ACMs
Assess the risk of anyone being exposed to airborne fibres from the ACMs
Write an asbestos management plan to manage the risk, put the plan into action, monitor it and review it every 12 months or sooner if necessary
Monitor the condition of any ACMs or suspected ACMs
Provide information on the location and condition of the ACMs to anyone who may work on or disturb them, including the emergency services

Without appropriate asbestos management, people may be put at risk of exposure.

For a full overview of the campaign, click here.

Asbestos – Why is it dangerous?

According to HSE, asbestos exposure is the greatest cause of work-related deaths in Great Britain, and around 5000 people die every year from asbestos-related diseases.

However, these diseases typically take decades to develop, which means they can take years to be diagnosed, and they cannot be cured.

HSE explains that when asbestos is left alone and in good condition, the risk of danger is low. However, once asbestos is disturbed, fibres can be released and if they are breathed in, they can cause fatal diseases such as lung disease and cancer.

You cannot see, smell or feel the asbestos fibres in the air or on your clothes, so you do not know asbestos is there.

What is asbestos?

Asbestos is a naturally occurring material that is present in soil and rock and was often used in construction and building up until the 1990s. However, it was later found that asbestos exposure can cause fatal lung conditions such as mesothelioma, which led to its ban.

Asbestos comes from mines across the world including Russia, Kazakhstan, Brazil and China. The naturally occurring mineral is made up of heat-resistant fibres and there are three main types commonly found in the UK – brown, white and blue.

Between the 1930s and the 1980s, it was mixed into cement, roofing felt, texture walls, ceiling coverings and floor tiles, and used on roofs, gutters and window seals and to lag or insulate boilers and pipes.

There are many buildings still standing today which contain asbestos and could pose a health risk if the material is disturbed.

What does asbestos look like?

Asbestos can have different appearances depending on how it’s used and its form.

Raw asbestos

In its raw form, asbestos often looks like a fibrous mineral with a whitish, greyish, or bluish-green colour. It can appear as thin, needle-like fibres or as bundles of fibres.

Asbestos-containing materials (ACMs)

Asbestos was commonly used in various building materials, so it might be found in different forms such as:

Asbestos cement: This material, often used in roofing, siding, and pipes, may look like ordinary cement but with fibres embedded in it.
Asbestos insulation: In buildings, asbestos insulation might appear as fluffy or fibrous material inside walls, ceilings, or around pipes.
Asbestos tiles: Asbestos-containing floor tiles can resemble vinyl tiles but may have a distinctive fibrous appearance on closer inspection.
Asbestos cloth or fabric: This might look like regular cloth but with a fibrous texture. It was commonly used in protective clothing and insulation.

When was asbestos banned in the UK?

Asbestos was fully banned in the UK in November 1999. This was when it was made illegal to buy, sell, import or export any asbestos-containing materials.

However, the import and use of blue (Crocidolite) and brown (Amosite) asbestos was banned in the UK more than a decade before in 1985. All six types of asbestos can be deadly if you are exposed.

Asbestos disposal

Asbestos is hazardous when disturbed, as it releases microscopic fibres into the air that can be inhaled and cause serious health issues, including lung cancer and mesothelioma.

Therefore, it’s crucial to handle any suspected asbestos-containing materials with caution and seek professional assistance for proper identification and safe removal.

The Health and Safety Executive issues guidance on asbestos regulations, including when you need to use a licensed specially trained contractor to remove the hazardous material.

Symptoms of asbestos exposure

According to the NHS, symptoms of asbestos exposure include the following:

Shortness of breath
Persistent cough
Wheezing
Extreme tiredness (fatigue)
Pain in your chest or shoulder
In more advanced cases, clubbed (swollen) fingertips

However, it can take 20 to 30 years after being exposed to asbestos before symptoms appear, and sometimes there are no symptoms.

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.

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.

Asbestos guidance

The HSE website issues guidance on how to handle asbestos.

HSE launches two Asbestos Campaigns to highlight risks