Strictly speaking there is no legal requirement for any building to have an asbestos survey for normal day-to-day operations. Regulation 4 'The Duty to Manage' of the Control of Asbestos Regulations 2012 state the requirements are to:
Undertake reasonable measures to locate or presume the location of asbestos containing materials
Prepare a record of the location and condition of the materials
Assess the risk posed by the materials
Produce and implement a plan outlining how the risk will be managed
Periodically update the plan and ensure anyone liable to disturb the materials has access to the relevant information
In short, all commercial buildings in the UK should have a record of known or presumed asbestos containing materials and a plan for how those materials are to be managed.
Although this does theoretically mean you could produce your own register of asbestos containing materials and management plan, in practice, it usually means engaging a competent person or organisation to undertake an asbestos management survey.
A management survey is a non-destructive survey which does not disturb the fabric of the building. This type of survey is usually sufficient for the purposes of normal occupation and prior to most maintenance tasks. All accessible surface materials will be assessed but it should also assess areas such as ceiling voids and risers, which could be subject to maintenance activity.
An asbestos refurbishment survey or an asbestos demolition survey will be required if intrusive works are planned on your building, such as refurbishment, new services installation (fire alarms, CCTV etc) or demolition. Both surveys involve intrusive inspection of normally inaccessible areas with the aim of locating 'hidden' asbestos containing materials, which could be disturbed by the planned project.
The HSE recommends engaging UKAS accredited surveying organisations as they have been independently audited to confirm compliance with the HSG 264 guidance, as well as demonstrating suitable quality control standards and staff training processes.
The short answer is no, asbestos containing materials do not have to be removed when they are located or as part of a phased removal programme thereafter. In fact, it is often more dangerous to remove the materials than it is to manage them in situ. The HSE guidance states that asbestos containing materials (ACMs) in good condition that are unlikely to be disturbed, should be managed and not removed.
If ACMs are in bad condition or likely to be disturbed by normal occupation or indeed by project work, you may need to consider remedial actions. One such option would be to remove the materials but it may also be feasible to repair, ‘encapsulate’ or protect the materials to prevent damage and reduce risks.
In addition, you may wish to consider redesigning project activities to work around any ACMs, making contractors aware of the location and mitigating the risk of disturbance by avoiding direct contact.
Where all other options are not suitable or the material is in very poor condition, your only option may be to remove the ACM entirely. Where licensable materials (such as lagging, sprayed coating or insulating board) are concerned you will most likely need to engage a licensed asbestos removal contractor to undertake the work, and they will need to submit a notification to the enforcing authority. Where a notification for licensed work is required there is a mandatory ‘standstill’ period of 14 days before the work can commence.
For lower risk materials (such as floor tiles and cement sheeting), you can use a non-licensed contractor to remove the materials, however you must still ensure the contractor is competent to undertake the work (has suitable risk assessments and method statement) and that they dispose of the resulting waste correctly. They may also need to submit a notification to the enforcing authority if significant deterioration of the material will take place during removal, but in these instances work can commence immediately following issue of the notification.
Asbestos training requirements are specific to the roles and responsibilities of individual employees, therefore a training needs analysis should be undertaken to determine specific requirements for each role within your business.
Regulation 10 of the Control of Asbestos Regulations 2012 governs asbestos information, instruction and training requirements, meaning that employers have a legal duty to ensure their employees are suitably trained.
There are three levels of asbestos training:
- Asbestos awareness
- Non-licenseable work with asbestos including NNLW
- Licenseable work with asbestos
Levels 2 and 3 are for individuals who will be deliberately working on, or disturbing, asbestos containing materials, while level 3 is limited to Licensed Asbestos Removal Operatives. Asbestos awareness training is designed to avoid accidental disturbance of asbestos materials and is required to be provided to any employee who could conceivably disturb asbestos containing materials during their normal work activities and also those individuals that manage and control the same activities. This includes trades such as carpenters, plumbers and electricians but also those controlling and influencing works, such as architects, project managers and building consultants.
Training should be refreshed regularly to ensure ongoing awareness and the refresher can take many forms including e-learning or in-house delivery via a competent individual.
There is no legal requirement for awareness training to be an accredited course, however, the trainer should be experienced and competent in the subject and the course content should meet the legislative guidance.
There are a number of organisations whose members provide asbestos training courses.
There is no legal requirement for a company to have a dedicated asbestos manager, however many large companies do have such a role within their business. All non-domestic premises will have at least one asbestos ‘Duty Holder’ who is responsible for complying with the asbestos regulations in relation to that property. For large organisations this role is likely to be shared across a small number of individuals but the company’s asbestos management plan will define how the role is discharged and what each person’s role is.
All companies who own, or manage, properties where they have a responsibility for maintenance and access to/from the property must have an asbestos management plan and take measures to ensure they comply with the Control of Asbestos Regulations 2012.
Appointing an ‘Asbestos Manager’ or ‘Corporate Duty Holder’ within an organisation can help provide focus to the various tasks that must be undertaken to ensure asbestos compliance is maintained. Tasks such as, coordinating the regular re-inspection of asbestos materials, managing the delivery of training courses across the business, updating policy and procedures, liaison with asbestos consultants and removal organisations, and auditing internal and external processes.
Where a formal dedicated role is not warranted, perhaps due to the relative size and complexity of a company’s buildings, it is important that the individuals who hold responsibility for discharging the various duties associated with asbestos management are suitably competent in doing so and are fully aware of their responsibilities.
Best value does not always mean lowest price and where asbestos surveys are concerned, it is important to ensure you receive the best product in order to base your subsequent management decisions on reliable information.
As a client appointing asbestos survey works you have a duty to select suitably competent and experienced organisations, or individuals, to carry out the asbestos survey works on your behalf.
HSE guidance suggests that a competent asbestos surveyor will:
- Have survey knowledge, and know the risks in surveying
- Have recognised training (BOHS or RSPH) and experience, and understand their limitations
- Use a quality management system (ISO17020)
- Show independence, impartiality and integrity
- Do its work in accordance with good practice guidance, eg HSG264
Clients are required to assess the above points before appointing asbestos surveyors, failure to do so could result in prosecution if the work is not completed to satisfactory standards.
It is no easy (or quick) task however, to complete these assessments and many clients will feel this is above their level of knowledge or competence to do so. Therefore the HSE advises accreditation (to ISO/IEC 17020) or certification, by an approved body. This is due to the fact that the independent accreditation or certification body will have carried out audits to assess these very same points.
In the UK the only organisation offering accreditation to ISO/IEC 17020 for organisations is UKAS (United Kingdom Accreditation Service) www.ukas.com.
Individual certification schemes (for individual surveyors) were previously available but are no longer operating. These include ABICS (Asbestos Builders Inspection Certification Scheme) and National Individual Asbestos Certification Scheme (NIACS).
It is worth noting that all organisations and individuals undertaking asbestos surveys must submit samples to a UKAS accredited laboratory for analysis. This accreditation is ISO/IEC 17025, also provided by UKAS and will be included within survey reports. This does not mean that the surveying organisation is necessarily accredited for surveys (inspection) also.
Unlike the analysis of samples for asbestos content, there is no legal requirement to use a UKAS accredited organisation to undertake your asbestos surveys. That being said, more and more companies are choosing to do so, due to the security and confidence this provides. Furthermore the HSE strongly recommends using an accredited surveyor.
In addition to the quality standards covered by accreditation you may also wish to assess some (or all) of the following points when choosing to work with a surveying company:
- Location and coverage - if you have a national portfolio do you require a company with matching coverage? Similarly, if you are a small regional business, can your chosen surveyor support you locally?
- Sector experience - knowledge of your business sector can be advantageous when undertaking asbestos surveys from an operational and practical perspective
- Laboratory analysis - does the surveyor have its own laboratory or will it be subcontracting the testing?
- Handling data and IT systems - these days there is more and more reliance on interrogation of data and web based access to survey reports, particularly for large organisations with multiple buildings. Can your chosen surveyor offer these additional services?
- Service standards and references - do not be afraid to ask for references from similar clients, all reputable organisations should be able to provide references for you to follow up. Likewise you can ask for examples of service standards for its existing clients
- Report format - asbestos surveys are technical documents and can be confusing to read. Take time to request and review report formats to make sure you understand how the information will be presented to you upon completion
The above list is not exhaustive and each business or individual will have their own unique requirements. The important thing to remember is that the purpose of the asbestos report is ultimately to prevent individuals being exposed to harmful asbestos fibres. With that aim in mind, quality should always come before price when selecting a suitable surveyor.
‘Asbestos: The Analysts’ Guide for sampling, analysis and clearance procedures’ contains guidance for analysts involved in asbestos work and is the authoritative source of asbestos analytical procedures. The guidance is also designed to help analysts and their clients comply with the Control of Asbestos Regulations 2012 and the associated Approved Code of Practice (ACoP) and guidance L143 (Second Edition)2.
It is expected that the revised version of the analysts’ guide will specify additional client involvement in the asbestos removal process. Our experts have outlined the main expected changes for clients below:
Engaging asbestos analysts for four-stage clearance and other work
Clients can engage analysts for a whole range of asbestos sampling and analysis activities and to provide advice and consultancy services. Note that analysts need to be accredited by UKAS for most asbestos related work. Details of analysts can be found on the UKAS website. Clients should check analyst references and examples of previous work to ensure competency.
- It is recommended that clients engage analysts directly rather than through an asbestos licensed contractor
- It is advisable that the analyst discusses with the client the expected level of cleanliness for the removal work
- There will be some impact on the time, and therefore cost, of carrying out four-stage clearances due to:
- Increased time on site by the analyst. The client needs to be aware how long the thorough visual inspection part of the 4-stage clearance will take (should be discussed with analyst). The time will be inserted in the front page of the completion document for the work. This is the “Certificate for Reoccupation” (CfR)
- The necessity for the analyst to make a comprehensive photographic record of the work
- Once the work has been completed the client should:
- Check the report thoroughly including ensuring photographs show clearly that areas are visually clean
- Check the CfR time taken for the thorough visual inspection against the estimated time. Where there is a large difference (eg 20% or more), seek an explanation
- If issues are raised during the work then the client should discuss these with the analyst
- Dust sampling – advice is given on sampling and potential difficulties of interpreting the results. Dust sampling is not recommended as a standard practice and the guidance suggests it is only used in circumstances such as assessing the spread of an asbestos containing material (ACM) from poorly controlled maintenance, removal work or recent incident
- Asbestos in soil – guidance on sampling and procedure for identification are now included in the guidance for completeness
As the UK’s leading provider of testing, inspection and compliance services, we aim to keep our clients up-to-date with the latest industry news and changes to legislation. Although there is not yet a date for the release of the revised asbestos analysts’ guide, we will continue to keep you posted. Look out for further information in the coming weeks.
SOCOTEC has UKAS accreditation No.0148 for asbestos surveying and No.1089 for asbestos testing.
Classification of a confined space is defined by the Health and Safety Executive (HSE) as a substantially enclosed place, where serious injury can occur from hazardous substances or conditions within the space. ‘Enclosures for the purposes of asbestos removal’ is explicitly listed as an example of a confined space in the HSE: Safe work in confined spaces.
As stated under the Management of Health and Safety at Work Regulations 1999, every employer should make sufficient assessment of the risks for all work activities to decide what measures are necessary for safety.
With asbestos surveys in confined spaces, not only does the surveyor need to take into account the hazardous materials of asbestos fibres, and wear the appropriate PPE for undertaking the survey, risk also needs to be calculated and assessed for working in a confined space. This presents other health and safety concerns that are not traditionally aligned with asbestos surveys, including:
- A lack of oxygen
- Poisonous gas, fume or vapour
- Drowning from liquids and asphyxiation from solids
- Fire and explosions
- Working in hot conditions
However, the planning and surveying of confined spaces should essentially be no different to that of any other survey in any other location. The Control of Asbestos Regulations 2012 is the same across the UK, inclusive of spaces at the bottom of a shaft or in a tunnel.
Control measures need to be put into place, like with any asbestos survey, for taking and encapsulating asbestos samples to ensure that the analyst is safe.
The added risk of completing the asbestos survey in a confined space needs to be assessed, identified and mitigated before undertaking the survey. By collating information, the surveyor must ensure the correct safety equipment has been acquired, and the appropriate timings and costs have been accounted for. Other considerations could include:
- Tight spaces, that may inhibit access, may require specialist assistance or equipment, for example.
- The ability to enter and exit the site is crucial to safety, so ensuring the asbestos surveyor is of a suitable size to easily access the area is also important.
- Emergency procedures need to be considered and put into place, as well as ensuring a rescue team is on hand – where appropriate.
- Training and competency required by the authorised surveyor will vary depending on the classified risk (either low, medium or high) to ensure sufficient experience for working in risk-associated areas. This will include an induction on site.
When it comes to asbestos, roofing and insulation materials tend to be the first things that come to mind. However, not everyone is so aware of the other common materials that may contain asbestos; the HSE list a few examples, such as sprayed coatings, flooring, and textured coatings – all of which pose a health risk if disturbed without suitable precautions.
Take a look at five applications of asbestos use to illustrate some common and some not so common areas where asbestos can be found.
Read our blog on unusual asbestos discoveries.
Many buildings that were constructed before 2000 are highly likely to contain asbestos with more than 500,000 public buildings still containing asbestos today. Due to its tensile strength and properties as a thermal and electrical insulator with good chemical resistance, asbestos was widely used in construction materials – right up until its ban in 1999.
The below diagram gives an overview and provides examples of where asbestos may have been used in an industrial setting.
Download our Locations of Asbestos diagram
Some asbestos containing materials are higher risk than others, depending on the likelihood of asbestos fibres being released into the atmosphere.
Asbestos cement products, for example, are only likely to release fibres if the product is broken or damaged – the content of asbestos is also relatively low at around 10-15%. During original production, the asbestos was mixed into cement products to increase their strength. Once set, the fibres were contained within the cement matrix. Only when broken, damaged or planned construction/remediation works are taking place would asbestos exposure need to be considered. Asbestos cement water tanks are just one example of where asbestos cement products may be hidden in an industrial building; cladding, roofing, gutters and pipes are other typical applications.
Lagging, on the other hand, can contain up to 85% of asbestos. Used as thermal insulation around pipes and boilers, asbestos was an obvious choice to prevent heat escaping, as well as for fire prevention methods. Substitutes have been used since the ban, but asbestos-based lagging is still found in many buildings. Disturbance of lagging is fairly easy, even though it is often covered in a protective coating. Because of this, and due to the high asbestos content, asbestos lagging is classified as a high risk material and should only be handled by licensed asbestos contractors.
The list above is not exhaustive. Even after the ban on asbestos use in November 1999, there have been cases of stockpiled ACMs being used through the construction supply chain.
When it comes to managing asbestos, it often goes beyond the legal responsibility to simply identify asbestos containing materials (ACMs), assess the risks and manage those risks.
Having a specialist asbestos consultancy on board to offer independent advice and a wider perspective can support your organisation in many ways. The development of a collaborative relationship where a core understanding of the specific constraints, concerns and requirements can lead to added value and the development of strategies offering genuine return on investment.
When looking at the management of asbestos in the short term, mid-term and long term, both the health and safety and cost implications should be reviewed; it should never be a case of “Let’s just get this asbestos out”. Often, it can be more dangerous to remove the asbestos containing materials than it is to manage them in situ. If the ACM’s are in good condition and unlikely to be disturbed or damaged, then they could be managed and not removed.
This is both a cost and time-saving benefit, without compromising on safety. By not rushing in and removing all identified asbestos immediately, a management approach can be established based on a full and developed understanding of asbestos risk across the building, site or property portfolio. Where budget constraints are in place, a risk based approach to asbestos management can help to identify priorities:
- Refined risk categorisation
- Low risk removals that can reduce annual re-inspection costs
- Other management approaches offering better value for money when compared to simply removing.
Using an independent asbestos consultancy means you will have peace of mind that the advice given is the best option for you, as the client, with cost savings recommendations given where appropriate.
On a regular basis, as an independent consultant, part of our role is to review recommendations for asbestos removal. Often clients are removing their asbestos because they’ve been advised to do so, but it is fundamental that the advice given is by a competent consultancy, following the completion of a survey to ensure the asbestos has been fully risk assessed.
Asbestos removals, unless in an emergency, should be completed following a complete review of the asbestos risk, a fully UKAS accredited asbestos survey and discussion with all stakeholders. For situations where asbestos removal is required, there is a legal requirement for an independent asbestos analyst to be appointed to complete the four stage clearance procedure. Early stage involvement in the development of the removals strategy and/or specification provides a greater and more developed understanding of the overall requirements; when it comes to ratifying that all works have been completed as required, early stage involvement has proved to be invaluable.
Increasingly, the widespread reality of asbestos risk is hitting headlines and often in the most unexpected of places. Over the past 12 months, The Independent and BBC have reported on asbestos fibres found in makeup items, mesh gauzes, talcum powder and crayons.
An article written by The Independent declares the asbestos-contaminated makeup originated from China, but did not contain a list of ingredients on the packaging. Only when tested by a consumer did the presence of asbestos become apparent and action was taken to remove the contaminated item from the shelf. Similarly, a public interest group discovered the presence of asbestos in crayons. Each are troubling incidents that places the risk of asbestos at the forefront as, despite its ban in the UK in 1999, asbestos is still very much present throughout the country. Asbestos has even been found in cigarettes where unscrupulous black market cigarette manufactures use it as an additive with examples being identified in Ireland and in the UK.
Just last year, 19 years after the ban, schools were alerted to the potential risk that recently supplied gauze mats used in science blocks may contain asbestos. This incident came as a result of a number of companies unknowingly importing asbestos containing products leading to the HSE providing advice that ‘Any gauze that contains asbestos should not be used, and it must be safely disposed of as asbestos waste.’
Even with asbestos banned in 66 countries around the world, the asbestos economy continues to grow in China – one of the world’s largest producers of asbestos – as well as Russia, Brazil and Kazakhstan. In 2017, an estimated 900,000 metric tonnes of asbestos were produced in Russia and China alone. Which raises the question: is asbestos still a threat to the UK supply chain?
New products appearing in the marketplace is quite a different concern to the legacy items of asbestos in building materials. Since the ban in 1999, there is the assumption that new products will not pose a risk. For legacy items and pre-2000 buildings, suitably trained persons will be aware of the presence of asbestos in items such as insulation boards, construction materials, lagging and fire proofing – knowing where to exercise caution. For items such as make-up, toys and crayons, the risks are unexpected.
Asbestos-free declarations can be made for products imported from overseas but this relies on transparency and accuracy of the supply chain.
Imports into the UK should be declared 100% free from asbestos, covering the complete product including any fittings, equipment, cables, gaskets, glands, packing, brake linings, lagging insulation. Yet even this causes controversy as asbestos-free declarations can vary, depending on the country. Asbestos content in the EU can be 0.1% and still be considered asbestos-free, whereas the USA defines asbestos-free as containing up to 1% of asbestos content. Worse still is that some Asian countries consider ‘asbestos free’ to mean less than 10% asbestos content.
Since 2005, the World Health Organization has urged its members to work toward eliminating mesothelioma and other cancers caused by avoidable exposures to carcinogens at work and in the environment. As asbestos is impossible to identify with the eye, ensuring asbestos remains outside of the UK must be met with due diligence and quality control checks at all areas of the supply chain. Testing for asbestos to determine if asbestos is present is one way in which an asbestos laboratory can support vigilance and ensuring the supply chain is trustworthy in bringing asbestos-free products into the UK marketplace.
If you’re developing land that is contaminated, you may be eligible to make a tax relief claim assuming that the conditions below (in addition to other criteria) apply:
- The contamination is as a result of industrial activity including construction, gas generation, mining or manufacturing
- The contamination has not been caused or planted by the claiming party
- The land is out of use and must be remediated before reuse is possible
- You are a company conducting land remediation expenditure
Land Remediation Relief (LRR) was introduced in 2001 (and revisited in 2009) to encourage the redevelopment of disused and contaminated sites, by offering a 150% tax deduction.
Gov.uk states that companies can elect to treat qualifying capital expenditure as a deduction in computing taxable profits - whereby remediation has been required to remove or contain contamination so relevant harm is no longer an issue. LRR provides a deduction of 100% of the qualifying expenditure, plus an additional deduction of 50%.
Asbestos contamination within the ground has become increasingly challenging for anyone seeking to develop brownfield sites. Additionally, asbestos in building materials may also need to be remediated as part of the development, with the cost of which classified as ‘qualifying expenditure’. While the name suggests the relief is available for contaminated land, it also can apply to buildings.
Where guidance is being sought to aid in the remediation of such contaminated sites, LRR can be claimed to support the qualifying remediation expenditure. The relief available varies depending on whether you are the owner/investor or the developer.
As an asbestos and contaminated land consultancy provider, and not an accountancy specialist, SOCOTEC is not able to directly advise on financial claims in relation to LRR or other tax related matters. For financial advice, please contact an accountancy firm who should be able to offer a range of financial advice and services. SOCOTEC can, however, provide a number of asbestos and contaminated land consultancy services in relation to asbestos in soil, ground and construction material contamination – click here to find out more or contact us.
The 24 November 2019 will mark 20 years since the UK outlawed the import, manufacture, supply and use of asbestos containing materials (ACMs). The Asbestos Prohibition (Amendment) Regulations 1999 formed the pinnacle of a series of laws that were put into place from the early 1970s, as the debilitating health risks associated with the inhalation of asbestos fibres became increasingly apparent and pressure for a national ban began to mount.
Asbestos production and usage was at its peak in the 1960s and 70s, with over 170,000 metric tonnes produced per annum and more than 3,000 ACMs on the market. Despite voluntary bans on blue (crocidolite) and brown (amosite) asbestos in 1970 and 1980, it wasn’t until 1985 that the first of the Asbestos Prohibition Regulations completely prohibited the trade and use of these materials, as well as the production of new ACMs. As white asbestos (chrysotile) was considered the least dangerous, this continued to be imported, supplied and used until the national ban was enforced in 1999. However, it should be noted that exemptions for certain materials containing chrysotile were permitted until as late as 2005, with current legislation still enabling the Ministry of Defence to use ACMs if it is in the interests of national security.
Since the Asbestos Prohibition Regulations were passed, new legislation was introduced in 2002 and updated in 2006 and 2012 to further improve health and safety. Procedures are now in place to identify, manage and safely remove asbestos, and there is also a requirement for written records and constant medical surveillance for workers frequently exposed to the fibrous minerals. Nevertheless, as we approach the 20th anniversary of the national ban, asbestos continues to pose a considerable risk to UK citizens.
Is asbestos still legalised outside of the UK?
While it would be easy to presume that the rest of the world has recognised the health risks posed by asbestos and acted accordingly, this is certainly not the case. Russia, India and Kazakhstan are responsible for 90% of global asbestos production, with research from the US Geological Survey indicating that usage within these areas remains at a steady or slightly increasing rate. For instance, in Kazakhstan, the production of asbestos increased from 192,000 metric tonnes in 2016 to 200,000 metric tonnes in 2017, while production in China remained at a consistent rate of 200,000 metric tonnes from 2016-17.
Responsible for exporting 60% of the overall global asbestos volume (over 400,000 tonnes respectively) and generating 0.69m metric tonnes in 2018 alone, Russia continues to mine, produce, use and trade asbestos at an increasing pace. Despite the passing of a revolutionary law on 7 September 2011, which promised – yet failed to enforce – protective measures that would significantly reduce exposure, the nation continues to demonstrate a lack of transparency on the risks and hazards posed by asbestos, with millions relying on the fibrous mineral to insulate their homes.
As one of Russia’s key importers, India continues to trade and use large quantities of asbestos, despite the Indian government banning both asbestos mining and asbestos waste. While the Indian Factory Act and Bureau of Indian Standard have regulations in place regarding the safe usage of ACMs, these have never been properly enforced, which means that such products continue to be used freely without any regard for health and safety. As a result, the fibrous mineral continues to be used across roofing, brake lining and insulation material, with the majority of buildings and automobiles across India still containing ACMs.
Where else in the world has asbestos been banned?
Currently, there are 66 countries that have enforced a national ban on the use of asbestos. However, it should be noted that several of these countries have passed legislation where certain exemptions can be made. For instance, while a ban has legally been enforced in the Seychelles, the country continues to import and use ACMs, while New Zealand allows ACMs to be imported if there is no asbestos-free alternative available, the cost for an asbestos-free product would be considerably higher, or if the ACM was being used for research and development purposes. A full list of the countries where all types of asbestos are prohibited can be found here.
The Canadian government also recently passed a ban on asbestos, which came into effect on December 30 2018. However, there are a number of exemptions within this piece of legislation which still allow the use of asbestos within the military, nuclear facilities and for magnesium extraction from asbestos mining residue. This has been met with considerable protest, as many believe that the ban contains too many loopholes and is therefore not strong enough to enforce proper precautionary measures.
Colombia has most recently implemented an asbestos ban, with legislation prohibiting the mining, usage, production, commercialisation and exportation of the fibrous minerals passed on June 12 2019. This comes as a major victory for the Colombian government, which suffered seven consecutive defeats to its proposition to enforce an asbestos ban for the last 12 years. The new law will come into effect in 2021 and will include a five year transition period for companies that currently use asbestos to make the switch to a safer alternative.
Where do we stand in 2019?
20 years later, asbestos continues to remain an ongoing health concern in the UK, with 5,000 people dying of asbestos-related diseases such as Mesothelioma each year – double the number of fatalities caused by road accidents. In fact, Cancer Research UK revealed that the UK has the highest amount of asbestos-related mortalities in the world, which have increased by 887% since the 1970s. As the ban only went so far as to prohibit the production and usage of new products and materials containing asbestos, there still remains no legislation in place that requires the removal of all existing asbestos from all premises. Consequently, a high number of properties still contain forms of ACMs that are hidden or unidentified, which explains why asbestos-related diseases remain a key cause for concern for the UK government.
Private domestic properties remain exempt from the Control of Asbestos Regulations 2012, placing hundreds of thousands of UK homeowners at continual risk of exposure and asbestos-related disease. This is because the law only enforces a duty to manage on those overseeing non-domestic premises, contributing to the estimated 14m private domestic properties that were built when asbestos was still being used as a construction material and, therefore, are at risk of exposure. It should also be noted that the UK ban has not legalised the eradication of asbestos containing products, and to this day the government has failed to implement any measures encouraging its removal (The Netherlands, Australia and Poland have since put regulations in place to enforce this).
1.5m UK commercial premises constructed before 2000 are still suspected to contain various forms of asbestos. This is because the ban does not include the prohibition of ACMs that were already in use prior to the law being passed, meaning such materials and products can remain active until the end of their service life. This left around 6m tonnes of asbestos within UK buildings constructed before the late 20th century, particularly in schools and hospitals. According to the Asbestos in Schools Group, 85% of UK schools have been revealed to contain asbestos, despite the rising demand for all premises to be surveyed and all ACMs to be regularly inspected/monitored. When this percentage is considered alongside the thousands of factories, offices, hospitals and other workplaces across the UK where asbestos is unknowingly present, it is easy to see why asbestos-related diseases remain prevalent to this day.
Safety and compliance
Asbestos continues to pose as a major health threat to UK citizens, with further action required in order to fully combat the risk and ensure that all premises and facilities are compliant and safe. However, certain measures have been put in place since the ban in an attempt to slowly but surely dissipate the problem.
Training is now obligatory for any individual liable to asbestos exposure in the workplace, with effective control measures also in place for both licensed and non-licensed contractors to carry out inspection and removal work. Moreover, if a property is suspected to contain asbestos, a survey is required to determine the location, type and condition of the mineral, and the level of risk assessed, managed and safely controlled. UK legislation currently recommends that if existing ACMs are in good condition and are not likely to degrade/become damaged, they may be left in place. Asbestos fibres are only dangerous if they are moved or disturbed, so their condition needs to be regularly monitored and managed to ensure they do not become airborne and, therefore, potentially inhaled.
If you are unsure as to whether or not your property may contain asbestos, SOCOTEC provides a consultancy service to support you in becoming fully compliant and ensuring the safety of individuals who work within the premises. There is also the option of undertaking training, which will equip workers with the knowledge and skillset to safely and correctly manage asbestos, as well as any asbestos-related emergency.
The Rugby World Cup has been taking the world by storm over the last few months, and with the final drawing ever closer, anticipation is beginning to mount over which team will take home the coveted trophy. Lasting from Friday 20 September to Saturday 2 November, 20 qualifying teams have taken part in the 48-match tournament, including England, New Zealand, Japan, Canada, Australia and Russia.
While each of these nations are undoubtedly skilled in the rugby arena, their take on asbestos legislation, guidelines and procedures varies considerably. We take a look at each of these countries in closer detail, examining their legislative approaches to asbestos usage, production and control measures.
New Zealand have come under scrutiny in recent years regarding their staggered approach to asbestos prohibition, having only banned the trading of asbestos-containing materials (ACMs) three years ago. Asbestos regulations first began back in 1978, with the legislative ban of raw asbestos taking place six years later. However, it wasn’t until 1987 that New Zealand implemented a ban on the production of building materials containing the fibrous mineral, while the prohibition of the import and export of ACMs did not come into place until 2016 under the Management and Removal of Asbestos Regulations (part of the Health and Safety at Work Act 2015).
During the 1970s and 1980s, asbestos use per capita in New Zealand actually exceeded that of the UK and the USA, although this still remained at a considerably lower rate compared to Australia and Canada. In light of this and the country’s lax approach to asbestos prohibition, the mortality rates of New Zealand natives with asbestos-related diseases such as Mesothelioma remain alarmingly high, with 170 people a year losing their lives as a direct result of asbestos exposure.
Despite a national ban now being in place, there are still some loopholes that permit the use of specific ACMs, such as brake linings, gaskets and seals. These materials are only to be imported and used on the basis that there is no other alternative product available, if said alternative would be disproportionately expensive or for research and development purposes.
Importing a total of 1.5m metric tonnes between 1930 and 1983, Australia once had some of the highest rates of asbestos use per person globally, and, as a result, has the second highest mortality rate for Mesothelioma, with a further 18,000 cases estimated by 2020. Crocidolite was banned in 1967 and amosite use was prohibited in the mid-1980s, but the ban on chrysotile did not come about until 20 years later on 31 December 2003. It was on this day that a full legislative ban was put in place, prohibiting the importation, exportation, usage and production of all forms of asbestos.
Australia’s Work Health and Safety Regulations 2011 comprise a series of guidelines surrounding the management of asbestos in the workplace, including the handling and removal of naturally occurring asbestos, as well as training and licensing requirements. The country has also sanctioned the International Labour Organisation Asbestos Convention, which means that anyone wishing to carry out DIY work is prohibited from removing asbestos from buildings and structures in which it is liable to become airborne, limiting removal works to properly qualified and licensed professionals. This is not the case in New Zealand, where it is still legal for asbestos to be removed by any individual.
Australia was also once home to a series of thriving asbestos mining communities, including the Western Australian town of Wittenoom, which is widely regarded as the most contaminated site in the southern hemisphere. Originally built to aid the mining of crocidolite and as one of the only suppliers of the mineral, Wittenoom was once home to 20,000 residents, more than 10% of which are now suspected to have died from asbestos-related diseases. The mine was officially shut down in 1966 and the last remaining residents are currently being evicted, with the town having been removed from all official maps and road signs. However, asbestos fibres are very much still present and airborne across the area, with the government continuing to encourage residents and tourists to avoid the town.
The UK has the highest mortality rate from asbestos-related diseases in the world, a direct result of the British government gradually prohibiting its import, usage and production over a prolonged period of time. Despite voluntary laws banning the import of crocidolite in 1970 and amosite in 1980, legislature prohibiting the trade and usage of these forms of asbestos did not come about until the mid-1980s. The Asbestos Prohibition Regulations 1985 officially prohibited the trade and use of crocidolite and amosite, as well as the production of new ACMs, but chrysotile continued to be imported, produced and used until the nationwide ban in 1999.
There is also a set of legislature known as the Control of Asbestos Regulations set up by the UK government’s Health and Safety Executive (HSE) in 2002, providing guidelines to help duty holders to identify, manage and monitor asbestos on non-domestic premises. These Regulations were updated again in 2006 and 2012, setting a control limit (0.1 asbestos fibres per cubic centimetre of air averaged over a continuous period of four hours), a short-term exposure limit (0.6 fibres per cubic centimetre in the air measured over a 10-minute period), and promoting the use of written records and medical surveillance for workers who come into close, frequent contact with asbestos.
With the ultimate aim of limiting the usage and subsequent disturbance of ACMs in the workplace, the Regulations require all duty holders of non-domestic premises to carry out an asbestos survey and have a management plan in place to determine the location, condition, type and level of risk posed. These guidelines also highlight that any ACMs that are unlikely to be disturbed and are in good condition should be left untouched, which means that there is technically no legislation in place regarding the safe removal of all asbestos from buildings. In light of this, there are still an estimated 14m private domestic properties across the UK which contain asbestos, having been built when the mineral was still being used as a major and legal construction material. What’s more, private domestic properties are exempt from the Control of Asbestos Regulations, placing millions of UK homeowners at continual risk of exposure and asbestos-related diseases.
Having remained a major exporter of asbestos and ACMs until 2011, Canada is the latest country to have implemented legislation prohibiting the trading, sale, manufacture and usage of the mineral. The Prohibition of Asbestos and Products Containing Asbestos Regulations came into force on 30 December 2018, yet this law contains a number of exemptions which have been met with considerable protest across the country.
Two major industries where asbestos importation, sales and usage is still permitted is across the military and nuclear sectors. The use of military equipment containing asbestos which has been serviced outside of Canada is deemed legal if no feasible alternative is available, and usage of ACMs within nuclear facilities is permitted until 2023. There is also a loophole that allows asbestos to be used in unforeseen circumstances where ACMs are required to protect human health or the environment where there is no viable alternative, as well as a clause permitting the use of the mineral in museum displays and laboratories.
Asbestos is also integral to the chlor-alkali industry – an industrial process for the electrolysis of sodium chloride solutions – with the fibrous mineral acting as a filter in the manufacture of chlorine and caustic soda. Complete prohibition of the substance has been predicted to result in production losses of an estimated $8m per year, so the Canadian government have permitted its usage for a further 10 years. This will allow the nation an extensive timeframe in which to shift production outside of Canada and begin using a more viable alternative in order to comply with the new Regulations.
Despite the closure of Canada’s asbestos mines – with the Jeffery mine in Quebec serving as the world’s largest – certain procedures incorporating the use of asbestos continue to be permitted. Current legislation permits magnesium extraction in asbestos mining residue – of which there are 800 million tonnes still remaining in Quebec – as well as the reuse of road asphalt containing the mineral to restore asbestos mining sites and infrastructure. Therefore, while Canada appears to have completely prohibited asbestos usage and trading on the surface, there are still plenty of areas that need to be addressed in order to make the legislation more watertight.
In 2005, Japan found itself at the heart of an asbestos scandal following the high number of factory workers and members of the surrounding community that were revealed to have had died from asbestos-related diseases at a former machinery plant in Amagasaki City. This news became all the more alarming when considering the series of legislature that had already been put in place to protect against asbestos exposure. Beginning with the Ordinance on the Prevention of Hazards due to Specified Chemical Substances 1972, this legislation was amended three years later to introduce stricter measures to prevent against asbestos-related diseases. Other regulations included the Air Pollution Control Act 1989, Industrial Safety and Health Law 1995 and Waste Disposal and Public Cleaning Act 1996, all of which help to protect both the public and the environment from the detrimental risks associated with asbestos.
The import, export, usage and manufacture of amosite and crocidolite were first banned in 1995, but chrysotile didn’t become prohibited until 2006. There were certain exemptions to this rule, such as the use of asbestos in gaskets, insulating plates and chemical seals when no feasible alternative was available. These were gradually banned over the following eight years, with the complete prohibition of all remaining ACMs coming into force in 2012. However, it should be noted that asbestos-related deaths are still not expected to peak until 2027, with 103,000 deaths predicted from Mesothelioma alone between 2000 and 2039. This is a direct consequence of Japan serving as one of the world’s largest producers and consumers of asbestos and ACMs throughout the late 20th century, with over 350,000 metric tonnes produced in 1974 alone.
While 66 countries have completely prohibited asbestos usage, production and trading in all forms, Russia continues to refuse to follow suit. As the world’s largest producer of the fibrous mineral, having manufactured 690,000 metric tonnes of asbestos in 2018, the country shows no signs of slowing down, with mining, production, usage and trading still growing at an increasing pace. To put this into perspective, Russia is responsible for 30% of the world’s asbestos production, exporting 60% of this overall volume to a total of 35 countries.
To this day, a large proportion of Russians continue to use asbestos in their everyday lives, making use of the mineral for insulation, transport and building work. The town of Asbest, located in the heart of the Ural Mountains, is directly named after the mineral and is home to the area where asbestos was first mined in the 1880s, forming one of 41 active asbestos mines and processing facilities across Russia. The town’s 700,000 residents heavily rely on the mining and asbestos industries to make a living, and are continuing to push for the production of the mineral despite awareness of its underlying health risks.
In 2011, a revolutionary law was passed by the Russian government that promised to enforce a series of protective measures to significantly reduce asbestos exposure. While this appeared to be a step in the right direction in terms of the country acknowledging the risks associated with asbestos, this was never properly enforced, and legislation surrounding the prohibition of the mineral still remains an unachievable goal for the foreseeable future.
From management plans to air monitoring, SOCOTEC is well equipped to help your organisation become fully compliant with specific legislature and health and safety regulations surrounding asbestos.
Click here to learn more about SOCOTEC’s range of asbestos consultancy services, including their UKATA-accredited Asbestos Awareness training.
When the Asbestos Prohibition (Amendment) Regulations 1999 banned the import, supply and use of asbestos and asbestos-containing materials (ACMs) in the UK, HSE guidelines stated that no asbestos fibrous minerals should be contained within commercial and non-domestic buildings constructed after the year 2000. But what is the recommended course of action when asbestos is discovered within post-2000 buildings?
According to recent research, of the six million tonnes of asbestos imported into the UK, a substantial amount still remains in an estimated 1.5 million commercial buildings, as well as in over 2m private domestic properties.  While the majority of these will be buildings constructed prior to the 1999 ban, there have been many occasions where asbestos will have been physically transported onto post-2000 premises unbeknownst to the inhabitants.
Despite the legislation prohibiting the supply and usage of ACMs, there was in fact a loophole which excluded materials that were already in use prior to the ban being enforced. As a result, existing stocks of materials and products containing the fibrous mineral were permitted to remain active until they reached the end of their service life, and exemptions on the use of chrysotile were still in place until as late as 2005. As the ban did not legally mandate the removal and eradication of asbestos-containing products, it is easy to presume that such materials that were well within their service life could easily have been transported into properties constructed after the year 2000.
There have also been cases where stockpiled ACMs have been used throughout the construction supply chain, particularly when taking importation legislation into account. British law states that all imports coming into the UK should be declared 100% free from asbestos; however, the declaration level outside of the UK varies considerably. Across Europe, the asbestos-free level is 0.1%, the USA at 1% and less than 10% across parts of Asia, meaning that there is room for error for ACMs to be imported in the UK.
Another example of asbestos discovery within buildings constructed after the 1999 ban is on brownfield sites, particularly when pre-2000 commercial and industrial buildings are demolished or redeveloped to make way for new premises. Asbestos is frequently discovered within the soil, rubble and debris of brownfield sites for a number of reasons, such as the site having been used for fly tipping, or if the redeveloped site was demolished prior to the implementation of the asbestos ban. It can also occur when those responsible for the redevelopment works do not take the required time and care to properly dispose of construction materials, or when they use asbestos-contaminated soil as top soil or backfill.
Where can asbestos be found?
Renowned for its insulating, heat resistant and strengthening properties, asbestos was commonly used within a range of different construction materials in the late 20th century, including roofing, sprayed and textured coatings, insulation materials, ceiling and wall panels, cladding, floor and roof tiles, textiles, soffits, water tanks, pipe lagging and gutters. Its versatility meant that it could be found in a range of locations within a building, from airing cupboards and fuse boxes to fireplaces and boilers.
Asbestos insulation board and cement also featured heavily in common household objects in the late 20th century, having been incorporated into such products as hairdryers, safes, dishwashers, ovens, washing machines, toasters and ironing boards. The fibrous mineral has also been discovered in more unusual objects over the years, including make-up, toilet seats, jewellery, cameras, radios, crayons, books, toys and even talcum powder. Collectors of antiques are required to proceed with caution when bringing these goods onto the premises, as this is yet another way in which asbestos can be discovered within a post-2000 property.
Post-2000 discoveries – examples from SOCOTEC’s Asbestos team
Over the years, members of SOCOTEC’s Asbestos team have uncovered the fibrous mineral on a wide range of premises constructed after the nationwide ban. As aforementioned, it is extremely common for older plant and equipment to be transferred into ‘newer’ buildings, either due to the fact that it is asbestos-containing or it has been brought in from a site surrounded by the hazardous fibres. This was the case in a UK prison surveyed in the early 2000s, which was found to be asbestos-containing following the discovery of plant that had been transferred from an older building containing asbestos gaskets.
Similarly, an old factory site full of asbestos was closed and relocated to a brand new, purpose-built facility constructed in 2004. As this was built after the ban, it was presumed that no ACMs were used within the construction materials, with no asbestos reinspection required. However, a group of old industrial ovens were transferred from the older site and into the new factory, all of which were asbestos-containing.
As aforementioned, stockpiled construction materials have often been the cause of newer buildings being contaminated with asbestos fibres. Due to the fact that the 1999 legislation allowed asbestos-containing materials to be used until the end of their service life, it was common practice for builders to hold onto these or salvaging them from damaged or demolished structures to be used again. This was the case during an asbestos survey of a school in 2002, where a surveyor noticed that the contractor was re-roofing the veranda using asbestos-containing tiles.
The general rule of thumb for duty holders or owners of buildings constructed after the year 2000 is to presume that there will be no asbestos located on the premises. However, it is still good practice to remain vigilant about the possibility of the fibrous mineral being present, such as within old electrical equipment that has been transported into the building, or if post-2000 premises are built on existing basements or linked to adjoining structures.
Legislation and HSE guidance currently recommends that an asbestos-containing material can be left if it is in good condition and unlikely to be disturbed or damaged, as it is only harmful to health when fibres are released into the atmosphere. However, if a material is presenting signs of ageing, damage and/or deterioration, or if repairs or refurbishment are to take place on or near to the material, it is recommended that you call in a suitably trained individual to survey the level of risk and recommend remedial action.
If you suspect that your post-2000 property may contain asbestos, SOCOTEC’s asbestos management and consultancy services can support you to remain compliant with the ‘duty to manage’ requirement of the Control of Asbestos Regulations 2016. SOCOTEC also offers UKATA-accredited Asbestos Awareness training* both through face to face course and an online e-learning platform, which provides delegates with the knowledge required to effectively manage and control the risks associated with asbestos exposure.
For more information on how SOCOTEC’s Asbestos team can support you, contact us here.
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