Asbestos and Its Dangers
Asbestos is the name given to naturally occurring fibrous minerals that are contained within rock and mined in many countries. Asbestos has a number of valuable properties including physical strength, resistance to chemicals, non-combustibility and good thermal and electrical insulation.
It is due to these properties that asbestos has been widely used in industry for a range of applications. However, when asbestos is disturbed or damaged, the fibres can be released into the air and inhaled, which creates a risk to human health. It is estimated that Asbestos Containing Materials (ACM) may be present in up to half a million premises in the
The Control of Asbestos Regulations 2006 (CAR) were introduced in order to address the risks involved. From studies of people who were exposed to asbestos in factories and shipyards, we know that breathing high levels of asbestos fibers can lead to an increased risk of mesothelioma, a cancer of the lining of the chest , and asbestosis, in which the lungs become scarred with fibrous tissue. The risk of lung cancer and mesothelioma increases with the number of fibers inhaled. The risk of lung cancer from inhaling asbestos fibers is also greater if you smoke. People who get asbestosis have usually been exposed to high levels of asbestos for a long time. The symptoms of these diseases do not usually appear until about 20 to 30 years after the first exposure to asbestos.
Asbestos Facts
There are three main types of asbestos still found in premises. These are commonly called blue asbestos (crocidolite), brown asbestos (amosite)and white asbestos (chrysotile). All types of asbestos are dangerous, but blue asbestos and brown asbestos are most hazardous. It is impossible to identify them just by their colour. Although it is now illegal to use asbestos in the construction or refurbishment of any premises, many thousands of tonnes of it were used in the past and much of it is still in place. As long as it is in good condition and is not being or going to be disturbed or damaged there is no risk.
But if it is disturbed or damaged, it can become a danger to health, because asbestos fibres are released into the air and people can breathe them in. Breathing in air containing asbestos fibres can lead to asbestos-related diseases, mainly cancers of the lungs and chest lining. Asbestos is a risk only if asbestos fibres are released into the air and breathed in. Over 4 years ago, Asbestos-related diseases killed up to 3000 people a year in Great Britain, and this number is expected to continue rising for the next 10 years. There is no cure for asbsestos-related diseases. There is usually a long delay between first exposure to asbestos and the onset of disease. This can vary from 15 - 60 years. Only by preventing or minimising these exposures now will asbestos-related disease eventually be wiped out.
Asbestos Statistics
* Asbestos-related diseases kill up to 3000 people a year in the
* The delay between first exposure to asbestos and the onset of disease can vary from 15 - 60 years.
* Asbestos is the only known cause of Mesothelioma.
* Asbestos is a combination of several minerals held together by silky strands of fibers. These fireproof fibers of Asbesdos do not burn, and do not conduct heat or electricity.
* Asbestos was used widely in all types of construction products up to the mid-1970s.
* Asbestos is the most serious occupational health issue ever experienced in the
* Asbestos statistics indicate that the incidence of asbestos deaths in the
Asbestos Regulations
The Control of Asbestos at Work Regulations introduced by the government, require an explicit duty to manage asbestos in non-domestic premises. This important legislation was passed to tackle the biggest occupational health killer in the
The Duty to Manage
If you own, occupy, manage or have responsibilities for non-domestic premises, which may contain asbestos, you will either have a legal duty to manage the risk from this material or a duty to co-operate with whoever manages that risk. The person responsible for a building (The Duty Holder) is required to manage the risk from asbestos by: Taking reasonable steps to find asbestos on their premises and assess the condition of these materials. Presuming that materials do contain asbestos unless there is strong evidence that they do not. Preparing a record of the location and condition of asbestos, or presumed asbestos, materials and assess the risks from them. Preparing and implementing a plan to manage those risks. Providing information on the location and condition of the materials to anyone who is liable to disturb them.
Who will be the Duty Holder?
All those who have responsibility for the maintenance and/or repair of non-domestic premises have duties under this regulation. The extent of the legal duty is determined by the terms of the tenancy agreement or contract that applies. Depending on the contract or tenancy the Duty Holder could be the landlord or tenant or even a facilities manager. The regulation also includes a duty to co-operate, which applies widely. This will, for example, require a landlord to pass information on asbestos to a new tenant. Also any building surveyor or architect who have plans which show information on the whereabouts of asbestos would be expected to make these available to the Duty Holder at a reasonable cost.
Liability and Penalties
The most common liability that a company faces in this context is a claim in negligence made by an employee or contractor suffering from an asbestos related illness. Although the manufacture and supply of asbestos products is now prohibited in the
Developers, architects and contractors, as well as property owners and managers, face compensation bills, prosecution and adverse publicity. It can also affect the value of a building. The Health and Safety Executive is responsible for the enforcement of the CAW Regulations in terms of their usual powers and procedures. The maximum penalties are an unlimited fine and/or up to two years' imprisonment. As with most other health and safety law offences, directors and officers of companies may be held liable for breaches if committed with their consent, connivance or neglect.
About the Author
New legislation states, if you own, occupy, manage or have responsibilities for non-domestic premises which may contain asbestos, you have a legal duty to either manage the risk from this material or co-operate with whoever manages that risk. FAS's Vincent Green works within in a number of different sectors on a consultancy basis and has experience in managing large-scale industrial, Farming and Commercial, Retail & Social Housing projects.
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