Managing risks ‘asbestos you can’…..
Any buildings built or refurbished before the year 2000 may contain asbestos, particularly those built pre-1980.
Asbestos is hazardous to human health and it is thought at least 100 000 people a year worldwide die from diseases related to asbestos exposure – if the fibres become airborne and are inhaled they enter the lungs and, because of their size, cannot be expelled. These fibres are sharp and can penetrate internal tissues.
The use of all types of asbestos were made illegal in the UK by 1999. The 2012 Asbestos Regulations puts an onus on the “dutyholder” (usually, but not always the building owner), who has a “duty to manage” asbestos on the premises by being aware of its presence and ensuring it does not deteriorate – removing it if necessary. But as long as the asbestos-containing material (ACM) is in a good condition and not going to be disturbed or damaged there is negligible risk.
All building owners are required by law to keep an asbestos register
Do you know when the building you lease was built? Have you asked to see your landlord’s asbestos register and/or checked with your landlord to see if asbestos if present, and if so, where it is and what management plan your landlord has in place? Have you checked the lease to see if you have any maintenance obligations that could lead to asbestos exposure?
If asbestos is present, have you ensured that staff/members cannot access the areas where asbestos is present, briefed them on it and kept records?
Breach of the Control of Asbestos Regulations is a criminal offence, punishable by an unlimited fine and/or up to 2 years’ in prison. Affected persons may also bring negligence claims against the “dutyholder”, which could be the building tenants depending on the wording of the lease.