What lies beneath

Legislation has stipulated changes to the way asbestos is dealt with and, through experience, the way this is managed has evolved. Take, for example, the need for asbestos-awareness training for staff and contractors.

How many SMEs can tell their existing and prospective customers that they have considered the need for such training, arranged its provision and are now promoting the fact that they have had the training?

Despite several years of systematic removal, there are still many buildings that contain asbestos. In some circumstances it is best to leave asbestos where it is, as disturbing it might cause it to separate into smaller fibres that would be dangerous if inhaled. For this reason, sealing it in safely is often the best solution. Personnel working on the building, carrying out modifications or re-routing service ducts also need to be apprised of its presence. They need to be able to either confirm the absence or recognise the presence of asbestos - for their own safety as well as that of others who might be in the vicinity.

A shocking example of what can happen when asbestos is disturbed occurred last summer, when contractors were drilling a hole in what appeared to be an ordinary wall in a department store. After drilling the hole they soon discovered that they had disturbed a significant amount of asbestos insulation, which had come out of a sealed cavity and into an area where merchandise was displayed. Fortunately, the mistake was realised and appropriate mitigation action was taken.

Should the person responsible for the building have warned about the possible presence of asbestos? And would this responsibility lie with the landlord or the tenant? If the presence of asbestos was known about, did anyone tell the contractor? Did the contractor convey this information to the workmen? Was any of this evidenced in writing? Many questions and much scope for recrimination.

This is not an isolated example. There have been numerous high-profile insurance claims and prosecutions where contractors or maintenance staff have contaminated themselves, their workplaces and others with asbestos.

In several of these cases, the party at fault was either unaware that asbestos was present or failed to take basic precautions to determine whether it was. As a result, several large workplaces and, in some cases, schools have been contaminated and the buildings forced to close for long periods. In another recent example, closure was required for eight months and the final cost of the clean-up exceeded £7m.

Anyone involved in the building industry will know how their personnel can often come up against unexpected situations, which include the discovery of asbestos-containing materials. Although a particular building might have been surveyed for the presence of asbestos, if the ACMs were in a sealed cavity area, they might not have been detected and included in relevant documentation that should have been passed to the contractor.

The contractor might effectively have been working blind to the presence of asbestos and may not have taken the appropriate precautions had they known about it or suspected its presence.

Of course, the dangers from ACMs are easy to appreciate in hindsight, but it is the person at the end of the chisel, the drill or the saw who really needs to be able to recognise ACMs quickly. This is where training becomes so important. Experience will, of course, be a good tutor for anyone - on anything - but it is unacceptable to wait for each workman to gain that experience for himself - we need to learn from a collective understanding and the best way to impart this knowledge is through structured training.

Ideally, such training should provide staff with an understanding of what information they need from a client before starting a job. They need to know how to interpret the management plan for the areas in which they will be working and what to do if this information is not available or shows a risk of exposure to asbestos fibres. Simple precautions can prevent accidents, large claims and, ultimately, deaths from asbestos-related diseases. This training will also demonstrate diligence to the Health and Safety Executive, insurers, trade associations, staff and prospective clients.

Although we are all at risk of exposure to asbestos fibres, there are occupations that have been identified as being at greater risk of developing asbestos-related diseases. It is those working in these occupations that will benefit most from training.

Relevant training

The training will be relevant for contractors carrying out a range of trades including builders, electricians, carpenters, plumbers, cable installers (including computer, fire- and burglar-alarm installers) and others involved with maintenance activities who may regularly disturb asbestos in the course of their work - often without realising.

Increasingly, risk managers within large organisations, including local authorities, NHS trusts and major corporations, are requiring contractors to demonstrate that their staff have received appropriate asbestos-awareness training before placing them on their approved lists and subsequently providing them with work. It is already becoming a competitive issue.

Organisations that have not arranged for their staff to be trained appropriately will be depriving themselves of future work and could even put existing contracts in jeopardy.

The implications of failing to comply are serious. Asbestos regulations are enforced by the HSE or, where appropriate, local-authority health and safety officers. Organisations failing to meet their duty to manage asbestos could face prosecution and fines. If employees or others at a company premises are proven to have been at risk of exposure to fibres, the fine will be heavy and could, in certain circumstances, be unlimited.

Although a fine from a criminal prosecution would be a blow to any organisation, there are also other costs to a business from such action. Legal costs, for example, can easily match any fine. More damaging to the company can be the impact on its reputation. This must be a major concern for any company stakeholder, including risk managers, board members, employees, investors and trading partners. With the publicity and emotion surrounding asbestos, the public will be quick to judge guilty organisations, which will inevitably affect their ability to continue trading.

There is a rising awareness among contractors of a client's duty to provide information about asbestos on the site where they will be working. Requests for surveys are increasing following demands by a contractor to know what the material is that they are working on before they start. Failure to identify that ACMs are present in a premises can cause delays in essential maintenance or repair work and add unexpected costs to a project. Imagine the disruption caused by a leaking pipe that cannot be repaired until the lagging has been sampled and proven to be free from asbestos.

The asbestos regulations do not impose a requirement to ensure that any premises is free from asbestos. ACMs in good condition and in a location where they are unlikely to be disturbed pose a minimal risk. However, there might be ACMs in poor condition that are likely to give off fibres, or in a position where they can easily be damaged and put people at risk.

In these circumstances removal may need to be considered. An asbestos survey should highlight these.

An organisation must presume that any material that cannot be positively identified as not containing asbestos, is the most hazardous type of ACM and manage it accordingly. However, it must be remembered that, to the untrained eye, asbestos can be difficult to identify and be hidden by paint or other surfaces. In the event of maintenance or repair work on this presumed material, it will need to be worked on by a licensed asbestos contractor or sampled to prove it does not contain asbestos. This is expensive and, in an emergency, takes up vital time.

Sampling surveys

Many companies choose type-2 sampling surveys as defined by the HSE publication Methods for the determination of hazardous substances guidance: Surveying, sampling and assessment of asbestos-containing materials (MDHS 100) of their premises by a competent contractor. This identifies accessible ACMs, assesses their condition and evaluates the risks of exposure. This risk-management approach will confirm what needs to be managed and will show where the risks lie. It also allows a comprehensive management plan to be implemented to target the reduced number of confirmed ACMs at specific locations within the premises.

Any removal or repair work identified must be carried out by an expert.

The majority of the work of this nature will require prior approval from the HSE and can only be undertaken by an HSE-approved and licensed contractor.

Appropriate care should be taken when instructing a contractor. It is essential to ensure that they have a proven track record and experience in this field, that they have the correct insurances for this work and that the laboratory used to analyse the samples is accredited by the United Kingdom Accreditation Service. Ideally, the contractor should also be UKAS-accredited for their surveying activities. Failure to meet these requirements puts the credibility of survey findings in doubt.

The impact of asbestos on companies and the insurance industry has been well documented over recent years. New costs of asbestos are emerging and, with recent changes to legislation concerning the disposal of asbestos-contaminated waste, additional costs have emerged.

Hazardous waste

Waste of this type has been reclassified as hazardous, significantly reducing the number of landfill sites licensed to accept this material.

Considerable strain has been placed on the remaining sites, increasing the cost of disposal and travel distances. Prices for disposal of ACM waste have risen from approximately £75 per tonne to around £195 per tonne and this has consequences for insurance premiums.

It is essential that, when sums insured are set, the likelihood of asbestos being present is taken into account. Consideration of the increased cost of debris removal must take place when setting sums insured. Failure to incorporate this uplift in disposal costs can lead to problems with underinsurance.

The management plan can be a good starting point.

In summary, the use of asbestos has left a lasting legacy in millions of buildings. The duty to manage asbestos affects all commercial property owners and those with responsibilities for maintenance and repairs. These duties cannot be ignored and failure to act leaves duty holders exposed to criminal action and civil litigation.

Whatever the asbestos problem affecting you or your clients, you - and they - must ensure that the risks have been appropriately assessed and whatever corrective steps necessary are taken. These steps might involve training, surveys or making sure that relevant documentation exists and is kept up to date. Of course, the regulations provide requirements that would be unwise to ignore, but they can also be seen as a guiding light to help manage the asbestos problem.

- Justin Martin, Risk solutions manager, Cunningham Lindsey Risk Solutions.