When is Asbestos Considered Hazardous to Health?

In this article, James Dodgson, commercial director, Asbestos, SOCOTEC UK, discusses the significance of asbestos as a hazardous material and how, in some instances, removal of the fibrous mineral can actually cause a considerably higher level of risk to health compared to suitable and sufficient risk management.

What are the legal requirements for duty holders in terms of managing the risks posed by asbestos?

Despite being classed as a hazardous substance when disturbed, asbestos is actually excluded under the Control of Substances Hazardous to Health Regulations (COSHH) 2002. In fact, Regulation 5 of COSHH specifically states that the requirement to carry out COSHH assessments – in addition to all employer duties regarding assessment, controls, monitoring and surveillance – does not apply to asbestos. This is due to the fact that the substance comes with its own set of regulations (the Control of Asbestos Regulations 2012), which are actually considered to be stricter due to the highly hazardous nature of the substance.

If you own, occupy, have access to or manage the maintenance and repair of premises which may contain asbestos, you are classed as the ‘duty holder’ and are legally required under Regulation 4 of CAR 2012 to adequately manage this risk. Known as the ‘Duty to Manage’, the legislation applies to all non-domestic buildings and includes commercial, public and industrial premises, with duty holders for all of these buildings required to take the following steps to manage asbestos:

1. Undertake an inspection to identify and maintain a register of asbestos-containing materials (ACMs) in the building
2. Assess the risks associated with ACMs in the premises
3. Devise a risk management plan for the building and any ACMs
4. Make sure occupants of the building know the risks and precautions they need to take
5. Keep the management of asbestos in the public building under review.

With an estimated 500,000 buildings in the UK still thought to contain asbestos, it is a legal requirement under CAR 2012 for employers to inform all members of staff who may come into contact with ACMs in their day-to-day work as to their precise location. In addition, employees must be fully trained and be able to respond competently and confidently in the event of their coming across any suspected or confirmed ACMs.

If ACMs are discovered on my premises, should removal be arranged with immediate effect?

In the event of unexpectedly disturbing an ACM, immediate action is required in terms of stopping work, closing/sealing the area and calling in a specialist to clear the site. However, there is often a misconception that identification of ACMs requires urgent removal, this is not necessarily the case – in fact, just because it may be present, it does not automatically mean that it is hazardous to health.

If sealed, undisturbed and found to be in good condition, legislation states that the asbestos present can be left alone and is not considered to be a health hazard, as the fibres should remain encapsulated. Removal of asbestos only tends to be an absolute requirement for materials found to be in bad condition, or in the case of items which are liable to ageing, damage and degradation, either as a result of normal building occupancy or planned building works.

Furthermore, refurbishment, demolition or maintenance works can all pose a risk of disturbing asbestos and increasing the risk of inhalation, which is why knowing the location of ACMs is fundamental to long-term safe management. It is a legal requirement that, prior to the commencement of these works, duty holders locate asbestos containing materials and assess the level of risk they pose, with recommendations for remedial actions being documented, as it is often the case that managing ACMs in situ is less hazardous than removing them completely.

Is asbestos considered to be more hazardous to health in light of the increase in unoccupied premises over the course of the COVID-19 pandemic?

Given that the Control of Asbestos Regulations (CAR) 2012 require duty holders to manage asbestos to prevent or minimise exposure as far as is reasonably practicable, it is essential that both the short and long-term management of asbestos is not overlooked during the ongoing global pandemic, as failure to regularly inspect, identify and manage ACMs will counteract your ‘Duty to Manage’ and could increase the risk of them being disturbed and the resulting fibres subsequently inhaled.

There is a reasonable chance that your scheduled asbestos reinspection or essential refurbishment works were due during one of the COVID-19 lockdowns and has had to be delayed as a result. With the official roadmap to the easing of COVID-19 restrictions now in place, it is prudent for these inspections to be planned and completed to ensure that materials are in a safe and compliant condition, allowing duty holders to safely reoccupy their buildings over the coming months.

Intrusive surveys should be undertaken prior to any planned building works, which may include any adaptations to provide additional barriers/segregation for COVID-19 mitigation measures. Not only will this further reduce the risk of asbestos exposure amongst your workforce, it also ensures that the risk of the spread of COVID-19 – which, as a biological agent, has also been classed as a hazardous substance – is kept at a minimum.