HSE Campaign Overview
HSE’s campaign regarding asbestos management now turns to Local Authorities (LAs) and the buildings they manage.
Inspections, which will number in the hundreds, are to be carried out into the new year by the Health and Safety Executive (HSE) to check that Local Authorities are managing their risk of asbestos properly. This is a continuation of the inspection regimen that included hospitals and schools, which started in January 2024.
HSE inspectors will be visiting the head offices of dozens of councils across the land with the aim of determining that they (the councils) are managing their asbestos risks effectively. The HSE Inspector will choose several different sites within each LA’s property portfolio and then check how asbestos is being managed at those sites and whether the “duty to manage” requirement of Regulation 4 of the Control of Asbestos Regulations (CAR) 2012 is being met.
Who is Responsible for Managing Asbestos?
The duty to manage asbestos in non-domestic buildings is the responsibility of either:
- The building owner,
- The landlord, or
- The person or organisation with clear responsibility for the building’s maintenance or repair.
These individuals or entities are referred to as the Duty Holder.
Where Can Asbestos Be Found?
Asbestos can be found in a wide range of buildings constructed post-WWII but pre-2000, when its use in the UK was outlawed. It is predominantly found in buildings built or refurbished during the 1950s to 1980s, a period when asbestos use in construction peaked.
Managing Asbestos Involves:
- Carrying out necessary checks to determine its presence (e.g., conducting an asbestos survey).
- Recognising that if no evidence exists to the contrary, it must be assumed asbestos is present.
- Understanding the legal responsibilities if asbestos is present.
- Actively managing any asbestos for which they are responsible.
HSE Inspections: What to Expect
With the LA’s acting as the Duty Holder, HSE will conduct the inspections rather than Local Authority-operated environmental health officers (EHOs). Inspections will include various public buildings, such as:
- Libraries,
- Museums, and
- Leisure centres.
The focus is to ensure people who work in or visit these buildings are not unduly exposed to asbestos.
Why Asbestos Management Remains Critical
Past exposure to asbestos continues to cause a significant number of deaths annually. While these numbers are decreasing, they remain alarmingly high.
According to the HSE’s latest report “Asbestos-related Disease Statistics, Great Britain 2024”, there were over 5,000 asbestos-related deaths in 2022, including:
- 2,257 deaths caused by mesothelioma,
- 493 deaths caused by asbestosis,
- An estimated 2,500 deaths caused by asbestos-related lung cancer, and
- 27 deaths from other asbestos-related cancers.
Preparing for HSE Inspections
Local Authorities and businesses must review current arrangements to ensure compliance with CAR 2012, including:
Key Requirements:
- Take reasonable steps to identify asbestos-containing materials (ACMs), their condition, and locations.
- Presume materials contain asbestos unless strong evidence proves otherwise.
- Keep an updated record of ACM locations and conditions.
- Assess the risk of exposure to asbestos fibres.
- Develop an Asbestos Management Plan (AMP) to manage identified risks.
- Implement the AMP and periodically review it to ensure relevance and effectiveness.
- Provide information about ACMs to anyone likely to disturb or work on them.
Ensuring Safety: Best Practices
To protect workers, visitors, and the public, Local Authorities should:
- Conduct risk assessments before undertaking any activities.
- Provide training regarding risks and risk management.
- Supervise risk management until competence is demonstrated.
- Regularly review procedures and update as needed.
- Update training through toolbox talks or formal sessions.
- Keep accurate records of all processes.
Need Assistance?
If you need help managing asbestos risks or addressing health and safety requirements, contact your health and safety consultant. We can provide support with:
- Legal requirements for health and safety.
- Development and implementation of health and safety plans.
- Conducting and documenting risk assessments.
- Compliance with activity-specific legal conduct.
- Health surveillance requirements.
- Demonstrating due diligence.
- Identifying and fulfilling training needs.
Proactive asbestos management is not only a legal requirement but a critical step in safeguarding public health. Stay compliant and ensure your buildings remain safe.