At 4site we’ve seen an increase in the number of accidental exposures to asbestos often referred to as Asbestos Containing Materials (ACMs) in residential blocks. Complaints of exposure from occupiers and contractors working or moving through the common parts appear to be more common and often attracts the attention of the enforcement authorities as well as being a serious health concern. As such we thought it would be timely to remind readers of the dangers of exposure to asbestos and the legal duties that are in place to protect residents and contractors who are potentially at risk from accidental exposure to this hazardous building material.
Why is Asbestos in buildings if it is dangerous?
The use of asbestos in buildings was common from the mid-19th century and it wasn’t until 1999 that a total ban was imposed due to realisation that there were unacceptable risks to health. So the good news is, if your building was constructed after 2000 asbestos will not have been used in its construction and there is no risk of exposure. Asbestos is a fibrous, naturally occurring mineral that up until 1999 was used extensively in various construction materials like insulation, cement and roofing. It was lightweight, could resist high temperatures and chemical corrosion, and was an excellent insulator. This led the industry to hail it as the “magic mineral.”
What are the risks?
Asbestos only presents a risk if it is released into the air as small fibres and you breathe those fibres in. Breathing in fibres could put you at long-term risk of developing lung cancer, asbestosis or mesothelioma (a cancer that forms in the lining of the chest or abdomen). Even if asbestos materials are present there will be no risk if the asbestos is enclosed and left undisturbed but it must be regularly checked for signs of deterioration and managed to prevent accidental disturbance by contractors or residents.
So where is asbestos commonly found?
As a rough guide, 30% of asbestos can be found in ceiling coatings, 15% in boiler flue pipes and ducts, and 15% in floor tiles, with a further 15% found in areas such as cold water storage tanks, insulation materials, eaves, gutters and rainwater pipes, while 10% is in cement panel ceilings, 10% in outbuildings and 5% in fire protection materials. Whilst an experienced asbestos surveyor will often-spot suspicious materials the only way to be sure that material actually contains asbestos is to have it tested in a laboratory. The approach taken where sampling is not possible is to assume that suspicious material is asbestos and manage it accordingly, unless it can be proved through testing, otherwise.
What are the legal duties concerning asbestos?
The duty to manage asbestos is a legal requirement under the Control of Asbestos Regulations 2012 (Regulation 4). If asbestos is present, or is presumed to be present, then it must be managed appropriately. The duty also applies to the shared parts of domestic premises. The first stage in compliance is to have a survey done by a qualified asbestos surveyor. Where asbestos has been identified keep a register of its location and condition so you can inform contractors who may need to work close to those areas. If the asbestos containing material is in a poor condition you may need to arrange removal by a qualified and licensed removal company, never attempt to remove asbestos yourself.
Asbestos – Some Do’s and Don’ts
- If you have any concerns about asbestos containing materials contact the responsible person for your block who can if necessary arrange for a qualified asbestos surveyor to inspect the materials accordingly.
- Make sure that any material you have been told contains asbestos stays in good condition.
- Make sure you don’t work on, damage or remove materials containing asbestos, including drilling, cutting, scraping or sanding.
- Avoid Jet-washing or cleaning down asbestos cement roofing materials such as corrugated garage or shed roofs.
- Do not attempt to remove old floor tiles or linoleum for example, which could contain asbestos.
Leaseholders’ responsibility
Under the terms of your lease, leaseholders (homeowners) or freeholders are responsible for all fixtures and fittings within the property, which includes textured coatings such as ‘Artex’ and floor tiles, which may contain asbestos. It is best to leave any items you think contain asbestos in place if they are in good condition. For example, if you wish to lay carpet on top of floor tiles, use tape to hold the carpet down instead of carpet gripper rod, as this will damage the floor tiles beneath.
If you would like to remove materials that contain asbestos, you must use an asbestos-removal contractor licensed by the Health and Safety Executive (HSE) to carry out the work. If you do remove asbestos as described, tell the Managing Agent or Landlord so they can keep a record and pass on any relevant information to new residents, contractors and third parties.
If in doubt, get professional advice. Don’t risk exposing yourself or others to asbestos fibres.
