Asbestos, once widely used in construction due to its strength and fire resistance, is now recognised as a significant health hazard. For construction companies operating in England and Wales, understanding the legal requirements surrounding asbestos is crucial to safeguarding workers, avoiding legal penalties, and ensuring compliance with health and safety regulations.
At Blackstone Solicitors, we provide expert legal advice to businesses across England and Wales, helping them navigate the complexities of asbestos-related legislation. This article outlines the key legal requirements for handling asbestos in construction, ensuring your projects remain compliant and safe.
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What is Asbestos, and Why is it a Concern?
Asbestos is a group of naturally occurring fibrous minerals that were commonly used in construction materials, including insulation, roofing, and flooring, up until the late 20th century. When asbestos fibres are disturbed and become airborne, they can be inhaled, leading to severe health issues such as asbestosis, mesothelioma, and lung cancer.
The risks associated with asbestos have prompted strict regulations aimed at controlling its use and ensuring proper management in buildings where it is present.
The Legal Framework
Several laws and regulations govern the management of asbestos in construction projects in England and Wales. These include:
- The Control of Asbestos Regulations 2012
The Control of Asbestos Regulations 2012 is the primary legislation governing asbestos. Key provisions include:
- Duty to Manage Asbestos: Owners and managers of non-domestic buildings must assess whether asbestos is present and manage its risks.
- Asbestos Surveys: A survey must be conducted to identify and assess asbestos-containing materials (ACMs) before any construction, refurbishment, or demolition work.
- Training: Workers likely to encounter asbestos must receive appropriate training.
- Notification: Certain types of asbestos work must be reported to the Health and Safety Executive (HSE) at least 14 days before the work begins.
- Licensed Work: Some asbestos-related tasks require a licence from the HSE.
- Health and Safety at Work etc. Act 1974
Employers have a general duty under this Act to ensure the health and safety of their workers and others affected by their activities. This includes implementing measures to control asbestos risks on construction sites.
- Construction (Design and Management) Regulations 2015
These regulations require duty holders to ensure that health and safety risks, including those related to asbestos, are managed effectively throughout the lifecycle of a construction project. Key players such as the client, principal designer, and principal contractor must collaborate to address asbestos risks.
Steps for Managing Asbestos in Construction
- Identify Asbestos Risks
The first step is to determine whether asbestos is present in the building or site where construction work will take place. This involves:
- Conducting an Asbestos Survey: Two types of surveys may be required:
– Management Survey: For day-to-day operations and minor maintenance work.
– Refurbishment and Demolition Survey: Required before major construction or demolition activities.
- Reviewing Existing Records: Check for existing asbestos management plans or surveys for the building.
Failure to identify asbestos risks before starting work can lead to severe penalties and endanger lives.
- Develop an Asbestos Management Plan
If asbestos is identified, an asbestos management plan must be developed. This should outline:
- The location and condition of ACMs.
- Measures to control the risks, such as encapsulation or removal.
- Procedures for ongoing monitoring and maintenance.
- Emergency procedures in case asbestos fibres are disturbed.
The plan should be regularly reviewed and updated as necessary.
- Engage Qualified Professionals
Managing asbestos requires specialised skills and qualifications. Ensure that:
- Surveys are conducted by a UKAS-accredited asbestos surveyor.
- Asbestos removal work is carried out by licensed contractors, where required.
- Workers handling asbestos are trained in asbestos awareness or non-licensable work, depending on their role.
Licensed contractors are essential for higher-risk tasks such as the removal of sprayed coatings or insulation.
- Notify the Health and Safety Executive
For notifiable work, submit a notification to the HSE at least 14 days before work begins. Notifiable work includes activities involving friable ACMs or significant exposure risks. Alongside the notification, you must prepare a written plan of work detailing:
- The scope of the work.
- Methods for controlling asbestos exposure.
- Arrangements for waste disposal.
- Implement Control Measures
When working with asbestos, strict controls must be in place to minimise fibre release. These include:
- Enclosures and Negative Pressure Units: Preventing the spread of fibres beyond the work area.
- Personal Protective Equipment (PPE): Such as respirators and disposable coveralls.
- Decontamination Procedures: Facilities for workers to clean up before leaving the site.
- Air Monitoring: Regular monitoring to ensure fibre levels remain below the control limit (0.1 fibres per cm³ of air over four hours).
- Dispose of Asbestos Waste Safely
Asbestos waste is classified as hazardous and must be disposed of in line with the Hazardous Waste Regulations. Ensure:
- Waste is double-bagged and sealed in approved asbestos waste bags.
- A licensed waste carrier transports the material to a licensed disposal site.
- Accurate records are kept for waste disposal, including consignment notes.
Penalties for Non-Compliance
Non-compliance with asbestos regulations can result in severe consequences, including:
- Fines: Unlimited fines for breaches of the Control of Asbestos Regulations.
- Imprisonment: Up to two years for serious offences.
- Project Delays: Enforcement actions, such as prohibition notices, can halt work until compliance is achieved.
- Reputational Damage: Negative publicity and loss of trust from clients and stakeholders.
How Blackstone Solicitors Can Help
Navigating the complex legal requirements for asbestos management can be daunting, especially for construction companies balancing multiple responsibilities. Blackstone Solicitors offers a range of services to ensure your compliance:
- Legal Advice: On your duties under the Control of Asbestos Regulations and related legislation.
- Contract Reviews: To ensure asbestos management responsibilities are clearly defined in your agreements with clients, contractors, and subcontractors.
- Dispute Resolution: Assistance with claims or disputes arising from asbestos issues.
- Training and Guidance: Helping your team understand their obligations and implement best practices.
With our expertise, you can focus on delivering your projects while we handle the legal complexities.
Conclusion
Asbestos management is a critical aspect of construction project planning and execution. By understanding your legal obligations, implementing robust procedures, and seeking expert advice when needed, you can protect your workers, your business, and your clients.
If you require legal assistance with asbestos compliance or other construction law matters, Blackstone Solicitors is here to help. Contact us today for tailored advice and support across England and Wales.
How we can help
We have a proven track record of helping clients deal with construction law. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of construction law services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/construction-solicitors/
How to Contact Our Construction Solicitors
It is important for you to be well informed about the possible implications of a construction issue. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Construction solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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