Asbestos: UK businesses take responsible action in lieu of revised regulations

James Dodgson, Commercial Director, SOCOTEC UK says an increasing number of clients are showing an interest in the approach to asbestos management in other more progressive countries, with a desire to not just meet but exceed their legal duties

In the UK, regulatory progress regarding how asbestos in buildings is managed has been called into question in recent years. In November 2019 think tank ResPublica, produced their report ‘Don’t Breathe In: Bridging the Asbestos Safety Gap’, which set out key areas where the UK falls behind their European counterparts in their asbestos risk management legislation.

Subsequently, a 2022 Parliamentary inquiry, set out a series of recommendations on how asbestos management in the UK could be improved, however the government has yet to implement them. Comparatively EU countries are seeking to improve their asbestos management legislation – for example in the Netherlands the phased removal of all asbestos roofs has been underway since 2016, and across the EU the occupational exposure limit is 10 times lower than the UK’s control limit. The legislation in the UK is largely unchanged in the last 12 years, with The Control of Asbestos Regulations (CAR) having been in their current form since 2012.

BUILDING OCCUPIERS GOING ABOVE AND BEYOND REGULATIONS

Building owners/occupiers have a legal duty as set out within CAR. This means they are obligated to limit the health risks posed by asbestos-containing materials (ACMs) in their buildings. Current regulations note that if asbestos is in a good condition and not likely to be disturbed then it is not considered a significant risk, as long as it remains managed and regularly reviewed. There is a control limit for airborne asbestos in the UK set at 0.1 fibres per cubic centimetre of air (0.1 f/cm3) averaged over a four-hour period. As well as this, there is a short-term exposure limit set at 0.6 f/cm3, measured over a 10-minute period. Additionally, there is the clearance indicator, which is 10 times lower than the control limit (0.01 f/cm3) and is the limit applied to work areas following asbestos removal works, used to approve the areas for ‘reoccupation’. Despite the legal requirement for this level to not be exceeded, it is not considered “safe”.

Within the UK specifically, there are calls for the government and the Health and Safety Executive (HSE), Britain’s national regulator for workplace health, to enhance the asbestos management requirements for non-domestic buildings. This is to ensure buildings are up to the highest standard they can be whilst prioritising the safety of those occupying and visiting. However, legislative activity in this space has been limited in recent years.

In spite of this context, a number of SOCOTEC clients are now seeking to go “above and beyond” the minimum required standards. One sector where we have seen an ongoing desire to continually improve and reduce ongoing risk, has been within the retail sector. Here we’ve seen leading retail brands prioritising staff and customer safety by seeking extra guidance and support for their asbestos management.

ALERT AND AWARE: STAYING VIGILANT WITH PROACTIVE MANAGEMENT AND PRECISE MONITORING

One example of such an approach, is the consideration given to the proactive removal of asbestos materials. For example, an asbestos containing ceiling may currently be in good condition, however a leaking roof or pipe can cause the ceiling to collapse, and the asbestos to be disturbed. By removing the ceiling in advance of the potential collapse, you can remove the risk.

Technology has also advanced in recent years, and we can now monitor airborne fibre concentrations to much lower levels than the 0.1 f/cm3 control limit. This allows clients to undertake more precise airborne fibre measurements and use this data to monitor and assess risk more closely. For example, it is now possible to monitor airborne fibre levels as low as 0.0005f/cm3 – 0.00001f/cm3 to allow comparisons to background/ambient levels of asbestos fibre in the air.

In a recent ATaC/NORAC report, ‘The First Annual Data Analysis Report into Asbestos in UK Buildings’, of the 128,761 buildings inspected, 100,660 (78 per cent) were found to contain asbestos. Of the asbestos containing materials identified 71 per cent were found to have some level of damage. This identifies the extent of the outstanding risk from asbestos and highlights why UK businesses should ensure compliance with legislation by:

• Training employees on the dangers and how asbestos risk can be managed
• Identifying and monitoring asbestos containing materials- this includes monitoring existing materials to ensure the condition remains satisfactory and identifying new materials before works
• Producing a written asbestos management plan outlining procedures pertaining to asbestos risk management
• Planning and undertaking remedial actions as required, ensuring registers and management plans are updated
• Ensuring risks and procedures are adequately communicated to all relevant parties
• Undertaking ongoing review and update of the asbestos register and the management plan

REDEFINING THE PROCESS WITH THE RECENT STEP CHANGE

With the backdrop of an ageing UK property estate, desire to increase the energy efficiency of buildings through intrusive retrofitting projects and ongoing property upgrades/refurbishments, the UK is presented with an opportunity to reduce its asbestos risk burden. Whilst regulatory change is unlikely to come anytime soon, it’s encouraging to see some UK businesses defining their own path to asbestos risk mitigation and management.