This month marks the 25th anniversary since legislation came into force across Great Britain and in Northern Ireland (the UK) making it illegal for anyone to buy, sell, import or export any materials containing asbestos.
Laid before parliament in August 1999, but brought into force on 24 November of that year, the Asbestos (Prohibitions) (Amendment) Regulations 1999 extended existing controls to include all remaining asbestos containing materials, notably Chrysotile (white) asbestos; legislation in 1985 had banned the importation of Amosite (brown) asbestos and Crocidolite (blue) asbestos, which are more hazardous to human health.
And yet, despite nearly 25 years since all types of the naturally occurring fibrous minerals have been banned, asbestos remains the greatest cause of work-related deaths in Great Britain, notes the Health and Safety Executive (HSE).
There are several reasons for this. Before it was banned, asbestos was extensively used as a common building material for more than a century. Consequently, many people were exposed to its fibres, which are hazardous when they become airborne and are breathed in, over a prolonged period and across a wide range of settings.
Unique properties
Asbestos has unique properties – it is resistant to fire and mechanically strong – and therefore it became, among other things, a popular insulation material for construction projects, making its way into houses, commercial and public buildings, including factories and schools. In a cement format, it has also been used for roofing sheets and pipes.
Undisturbed asbestos does not pose a health risk if the material is managed properly. However, when asbestos fibres are disturbed and become airborne, people in the immediate surroundings will inhale these hazardous fibres, which can induce incurable cancers and lung diseases over time.
Individuals are at a greatest risk if they breathe in high concentrations of these fibres and over a prolonged period. Tragically, chronic lung diseases such as asbestosis can take decades for the symptoms to develop, which is why individuals are still dying 25 years after the UK imposed a total ban.
According to the charity Mesothelioma UK, more than 85,000 people have died from lung diseases such as mesothelioma and asbestos-related diseases since 1999.
Even now, the HSE reports that around 5,000 people still die every year from mesothelioma and asbestosis as well as various cancers linked to past exposures to asbestos fibres.
Although buildings constructed since the 1999 legislation came into force are highly unlikely to contain any asbestos material, an estimated 300,000 non-domestic buildings built before this date do still contain asbestos.
To mark Global Asbestos Awareness Week in April this year, IOSH warned about the risks associated with refurbishing many of these old buildings and the potential for tradespeople and building users to be exposed to asbestos fibres which could be disturbed if duty holders don’t manage this work properly.
Asbestos removal
Following the publication of the Work and Pensions Committee’s April 2022 report Health and Safety Executive’s approach to asbestos management, IOSH cautiously welcomed its recommendation that asbestos should be removed from all public and commercial buildings built before 1999 within 40 years.
Supporting the select committee’s proposal for a national plan, developed by government and the HSE, IOSH highlighted the risks associated with removing asbestos and urged industry to consider first the research and evidence around the material’s safe removal and disposal.
Commenting at the time of the report’s release, Ruth Wilkinson, head of health and safety at IOSH, said that ‘any options, planning and decision stages [must] consider all hazards and risks in relation to “in-situ”, removal, transportation and disposal.’
‘Ensuring knowledge and competence relating to the management of asbestos risks remains as important as ever,’ added Ian Manners, head of business risk and regulation at Ashfords LLP.
‘Given the risks associated with the ageing of asbestos-containing buildings and infrastructure, and the degrading nature of the material itself, it is right that we should consider new ways to manage asbestos, including the removal of asbestos entirely.
The proposal only seeks to pile more pressure on these organisations to focus on asbestos removal within their estate when resources are already threadbare
‘That said, the risks associated with once and for all removal must be balanced against the risks associated with ongoing in-situ management. In some situations, that balance may tip in favour of removal, but in other situations, forcing those in control of premises to remove asbestos by an arbitrary deadline may present unnecessary risks.’
Steffan Groch, who heads up legal firm DWF’s national regulatory team, concurred that the risks associated with asbestos remains for organisations with buildings and facilities that were built before 1999 despite the ban.
‘These organisations are required to comply with the stringent conditions of the Control of Asbestos Regulations which is, quite rightly, focussed on the management of asbestos within the buildings to ensure that it is not disturbed and, if it is, then it is being handled in a controlled and safe manner,’ he said.
‘As time goes on, these buildings are naturally degrading and are being repaired, reconditioned or demolished. This means that we are seeing more instances of uncontrolled exposures to asbestos with more and more people being unnecessarily and unknowingly exposed to asbestos.
‘The proposal to remove all asbestos in non-domestic buildings within 40 years only seeks to pile more pressure on these organisations to focus on asbestos removal within their estate when resources are already threadbare. It is understandable why asbestos-related breaches are still prevalent 25 years on from the ban and why they will continue to be so for years to come.’
International action
Despite the legacy issues associated with past asbestos exposure, the UK has been one of the more proactive nations on the international stage in its approach to tackling asbestos, although it is not alone.
According to the Asbestos Nation campaign, more than 50 countries worldwide, including Argentina and Chile in South America, Japan and South Korea in Asia, Saudi Arabia in the Middle East and Australia have taken important steps to ban asbestos.
While the UK’s total ban on asbestos took place a month after the European Union’s own one was announced (when it also finally banned Chrysotile), the Asbestos (Prohibitions) (Amendment) Regulations 1999 came into force five years before the European deadline.
Incredibly, however, most countries in the world, notably China, India, Russia and the United States continue to use asbestos extensively.
In some cases, these countries are also leading players in the mining (and export) of asbestos globally, which is one of the reasons why they have refused calls to introduce their own bans of this hazardous material. Unfortunately, their positions on this matter are unlikely to change in the foreseeable future.
‘The future of asbestos internationally, where no laws currently prohibited the manufacture and use, lies in responsible investors who can raise awareness, promote alternatives, and prevent its use through strong Environmental and Social Governance (ESG) standards,” argued Derran Williams, senior health and safety advisor at the European Bank for Reconstruction and Development.
‘In the short term, there may be little political will in some countries to prohibit asbestos due to the economic challenges and impacts this may cause, therefore investors need to use creative approaches to force the change.
‘The green agenda is one such instrument. The benefit of certified green and sustainable buildings will attract investors, open up finance, and eliminate the continued use of asbestos in new buildings. However, greater awareness and strong requirements to deal with the legacy use of asbestos in older buildings being demolished to make way for the greener future is needed. This will be especially relevant during the recovery and reconstruction of Ukraine.’
Why do I need awareness training?
Getting staff Asbestos aware could not be easier. Our training can be delivered in person or via our online portal on Asbestos Awareness. Younger employees still need to gain this knowledge as well reminding more experienced workers.
Even though Asbestos has great durable features, exposure to Asbestos is highly hazardous. The fibres are invisible to the naked eye, making identification of them impossible. Any exposure can cause long-term and irreversible illnesses such as Asbestosis, a chronic lung disease and Mesothelioma, a condition where tumours are formed in the lining of the lungs, abdomen, or heart.
In many cases exposure to the fibres does not lead to an immediate health issue due to the long latency periods meaning this can go undiagnosed, with no symptoms, for around 20-50 years after exposure to Asbestos. The risk of developing lung cancer is also significantly increased if you are a smoker.
Asbestos is still found extensively in industrial and residential buildings built or refurbished before the year 2000. Therefore, it is a legal requirement (Regulation 10 of the Control of Asbestos Regulations) for those working in construction and building environments to be trained in asbestos awareness and that employers give their employees adequate information and instructions on how to avoid work that may disturb Asbestos.
The course also focuses on the following objectives:
- What is Asbestos? The different types and the dangers.
- The risks of exposure and the short and long-term health issues that the fibres can cause.
- The use of Asbestos as a building material.
- The recommended control measures required for those who may encounter Asbestos during their working tasks (Asbestos Regulations 2012).
- The different types of Asbestos Surveys.
- Requirements when undertaking maintenance and refurbishments.
The course does not teach you how to disturb, remove or dispose of asbestos materials but will point you in the right direction of the next steps, which may require advanced instruction and training and potentially a license.
Ruth Wilkinson, Head of Policy and Public Affairs, IOSH
‘We know that about 5,000 people die from asbestos-related diseases every year in the UK. While the cause of their illness was likely exposure from decades ago, we believe that people are still being exposed today, putting them at risk of terminal cancers such as mesothelioma in the years to come. This is unacceptable. What is of significant concern is the lack of consistency in managing asbestos among duty holders and a lack of awareness and knowledge about it among those who are encountering it, particularly in smaller businesses.
‘What we’d really like to see is a collective effort by policy makers, government, regulators, employers and worker representatives to address this.
‘Within the UK, this can be part of a national strategic plan which is aligned to the built environment and net zero initiatives, as is it expected that buildings will require maintenance, renovation or demolishing as part of that agenda. Such a plan must therefore have a focus on duty holders, the duty to manage asbestos, and the competence of individuals. It must include the development of clear guidance around managing asbestos. It should also include enforcement. Also, essential to it is improved training for employees which raises awareness of the dangers of exposure, informs them how to deal with asbestos and what to do if they come across it.
‘Action is needed now. People’s lives depend on it.’
