There was once a time when asbestos, a naturally occurring fibrous mineral, was hailed for its exceptional heat and fire resistance performance. However, over time, it’s become common to now associate asbestos as hugely devastating to human health, and it’s rare to think of it as anything other than a potent hazard. In commercial properties, especially those that are older and have been vacant for some time, managing asbestos is anything but a routine, tick-box exercise.
Despite a nationwide ban on asbestos use in 1999, it nonetheless lingers during talk of property condition and ownership. As such, responsible property owners and managers must address any possible risks – however minor or insignificant they may seem – proactively.
This article explores the current state of asbestos in UK commercial properties and the steps that businesses can take to manage and mitigate any potential dangers.
The Lingering Threat of Asbestos
While no longer used in domestic or commercial construction, asbestos remains present in many older buildings. Its fibres, when inhaled, can cause severe respiratory illnesses such as mesothelioma and lung cancer, to name just a few. Even low-level exposure over time can prove hazardous to human health, further illustrating the importance of diligent asbestos management.
In older commercial buildings (particularly those that are shared), the onus is on duty holders and owners to collectively and proactively ensure the safety of all inhabitants. Where commercial buildings are due to receive – or have undergone – construction or renovation work, a party wall surveyor may need to be engaged to oversee adjoining property or boundary line responsibilities. Their involvement will help address legal boundary disputes and they will collaborate with asbestos professionals during any construction, to assist with the compliance of relevant asbestos regulations.
However, as a duty holder for a commercial property, you bear the legal responsibility for addressing and managing asbestos risks effectively. Failure to comply with regulations can result in substantial fines and, in extreme cases, imprisonment.
Understanding Your Legal Responsibilities
Here are the key obligations you must fulfil:
- Duty to manage asbestos: The Control of Asbestos Regulations 2012 places the onus on you to identify, assess, and manage asbestos risks within your premises.
This includes:- Conducting comprehensive asbestos surveys by UKAS-accredited surveyors
- Developing and implementing a robust asbestos management plan
- Appointing licensed contractors for asbestos removal or remediation
- Ensuring continual employee training and awareness
- Notification and licensing: Depending on the nature of the work, you may need to notify the relevant authorities and obtain licences for asbestos-related activities. This is particularly crucial for non-licensed work, where strict protocols must be followed and precautions must be taken.
- Record-keeping: It’s vital to maintain a complete audit trail of all records relevant to the management and removal of asbestos, including details of surveys, management plans, training records, and any previous incidents.
Proactively Managing Asbestos Risks in Commercial Environments
A proactive approach to the management of asbestos risks is much more preferable than a reactive one. Consider the following:
Conduct Thorough Asbestos Surveys
The foundation of effective asbestos management lies in conducting comprehensive surveys by UKAS-accredited professionals. These surveys identify the presence, location, and condition of asbestos-containing materials (ACMs), enabling you to develop an informed strategy.
There are two primary types of asbestos surveys, as defined by the Health and Safety Executive (HSE):
- Management survey: This survey aims to locate and assess the condition of ACMs that could be disturbed during normal occupancy. An asbestos management survey should include an inspection of all internal and external areas, including those liable to be disturbed by maintenance activities.
- Refurbishment and demolition survey: This more intrusive, detailed survey is legally necessary before any refurbishment, demolition, or major repair work. It involves inspecting areas that are typically inaccessible during normal operations.
Establish an Effective Asbestos Management Plan
Armed with the survey findings, you must develop a robust asbestos management plan tailored to your commercial property. This plan should outline the location and condition of identified ACMs, procedures for monitoring and maintenance, and safe work practices for all contractors and employees that could potentially disturb ACMs. This plan should also outline emergency procedures for safe evacuation should ACMs be disturbed, with key roles and personnel identified. Any pervasive training gaps should be addressed at this point.
Engage Licensed Contractors
When asbestos removal or remediation – or any other higher-risk work – is necessary, you must engage licensed contractors. The licensing requirements vary based on the type and duration of work involved, as well as the premises.
Licensable work includes (but is not limited to) removing sprayed coatings, millboard adjustments, any work which may disturb pipe lagging or loose-fill insulation, and more. The relevant enforcing authority will usually be the relevant local authority or the HSE directly, while nuclear sites or railways will have to obtain licences from the Office for Nuclear Regulation and the Office of Rail and Road, respectively.
Any work that is non-licensed – such as minor repairs or removals involving non-friable materials – may not require a licence, but must still comply with the Control of Asbestos Regulations to prevent exposure.
Deploy Regular Employee Training
Ensuring your employees are aware of the potential risks and trained in safe work practices is crucial. Provide comprehensive training on:
- Identifying ACMs
- Understanding the health risks associated with asbestos exposure
- Safe work procedures when dealing with or near ACMs
- Emergency response protocols in case of accidental disturbance
Regular refresher training and clear communication channels help maintain a culture of asbestos awareness within your company.
Continuous Monitoring and Review
Asbestos management is an ongoing process and should never be a one-and-done exercise. Complacency and oversight can undermine your efforts and, more importantly, put your team at unnecessary risk. Regular monitoring and reviews are essential for maintaining a safe commercial environment.
Schedule periodic inspections to assess the condition of ACMs and ensure they remain undisturbed and properly managed. Regularly review and update your asbestos management plan to account for changes in regulations, personnel, or the condition of your premises. As said earlier, maintain detailed records of all asbestos-related activities to demonstrate compliance and facilitate informed decision-making.
Prioritising Safety and Compliance
Commercial asbestos compliance is not just a legal obligation; it’s a commitment to the safety and well-being of your employees, tenants, and visitors. By staying informed of all legislation changes, conducting regular thorough assessments, implementing robust management plans, and fostering a culture of asbestos awareness, your commercial premises can be kept immeasurably safer and risk-free.
Remember that diligent adherence to regulations is the key to navigating asbestos management complexities. Regulations are not there to provide unnecessary hoops to jump through; they are in place to ensure that a legitimate, life-threatening hazard poses no risk to you or your premises. Even if asbestos is unlikely to appear, ignorance is not an excuse. Leading by example and taking a few additional steps helps to foster a future where this hazard is effectively managed and eventually removed from all commercial spaces.
