Room for Improvement? Addressing Asbestos Management in the UK

While the importation, supply and use of asbestos was banned back in 1999, the UK continues to experience challenges when it comes to managing asbestos within buildings. As the single largest cause of work-related fatalities in the UK, the presence of asbestos continues to pose a threat to the general public, with an average of 5,500 people a year dying of asbestos-related diseases.

Despite the nationwide ban, vast quantities of asbestos remain present inside public and private buildings. Six million tonnes of raw asbestos were imported into the UK, which translates to many more millions of tonnes of asbestos products when taking into account the fact that it is mixed with other materials. For example, asbestos cement is typically 15-40% asbestos content. It is estimated that asbestos containing materials can be found in over 1.5m UK buildings, including public spaces, such as hospitals and schools.

Any property built/refurbished before 1999 may still contain the fibrous mineral, with current HSE guidance being to manage in-situ any asbestos-containing materials in good condition. With mesothelioma rates in the UK remaining the highest per 100,000 population in the world (alongside Australia), some are questioning whether the legislation and guidance in place goes far enough.

Legislative loopholes

UK laws regarding the in-situ management of asbestos are less stringent compared to those within many European countries, with a review by think tank ResPublica suggesting that the Control of Asbestos Regulations (CAR) 2012 do not sufficiently safeguard the public from harm. What’s more, the HSE’s interpretation and approach to the role of the duty holder has the potential to cause confusion as to who is responsible for identifying and maintaining the condition of asbestos, as this tends to differ depending upon the circumstances. Many duty holders are unaware of the extent to which asbestos could be causing harm, with the preferable attitude being to leave asbestos in-situ provided it is in good condition as opposed to removing it.

An example of where the UK has fallen behind in its approach to asbestos management is the European Parliament’s call for the removal of the fibrous mineral from all public buildings by 2028. The UK has yet to make this commitment, as the cost for asbestos removal is deemed too exorbitant.

Enquiry findings and recommendations

In November 2021, the Work and Pensions Committee launched an inquiry into how the HSE manages the continued presence of asbestos in buildings. The inquiry was brought about in response to the ResPublica report and subsequent lobbying efforts, which in turn ensured that the HSE would review the effectiveness of the regulations for the management of asbestos. The inquiry summarises the discussion around current asbestos legislation and aims to highlight the dangerous unknowns in current research, policy and practice.

Key recommendations of the ResPublica report are as follows:

• The government should bring the management of asbestos up to the highest international standards (such as those currently practised in Germany, the Netherlands and France)
• The government should establish a central register of all asbestos currently in place in public buildings across the UK, identifying precise location, type and condition
• A cost-benefit analysis for the removal of all asbestos from public buildings in the UK should be undertaken
• The current ‘duty to manage’ should be revised, raising additional awareness amongst duty holders and those in premises containing asbestos
• Guidance and risk assessments should be amended to take account of early exposure, different levels of ‘in-situ’ risks in public buildings and the varying types
• The HSE should accurately measure and represent fatality figures and the actual harm caused by asbestos exposure
• The safety of buildings should be assured through sensitive air monitoring
• The regime for reporting the disturbance of asbestos materials should be improved.

What next?

Asbestos continues to pose a real threat to the UK population, and there are questions to be answered around the suitability of current legislation moving forward. It has been said that the UK has led the way in terms of asbestos management legislation and guidance, however as other countries (most notably those in Europe) take a harder line on their own legislation, it will be interesting to see how UK policy makers react following the current Parliamentary inquiry.

As a starting point, the role of the duty holder is essential to ensuring full compliance and sufficient management with asbestos regulations, so changes to current legislation and guidance are required in order to clear up the confusion. The UK has also been called upon to improve air monitoring standards in line with those in Europe, as this will broaden both awareness and the level of knowledge on the risk of asbestos exposure nationwide. By taking the necessary precautions and steps now, duty holders will lessen the level of risk posed to building occupants.

How can SOCOTEC help?

SOCOTEC’s Asbestos team is on hand to ensure that your organisation is fully compliant when it comes to asbestos management. From air monitoring and project management to surveys and material identification, we offer your organisation a range of services to reduce the level of risk that asbestos poses on your premises.