A recent court case has brought to light the dangers of taking shortcuts when it comes to asbestos removal. A builder has been sentenced after undertaking unlicensed asbestos removal work, which put not only himself and his workers, but also members of the public, in serious risk. The court’s decision should be a stark warning to property owners, trade professionals, and facility managers – asbestos is not a material you handle without proper licensing, training, and controls.
What Happened?
The incident arose while renovating a residential property, which involved ACMs being disturbed without the appropriate legal authorisations. The builder did not appoint licensed asbestos removal companies, nor did he follow the safety procedures required by law.
Asbestos removal must be carried out by licensed professionals who are trained, and are using appropriate equipment and risks assessments. In this case the lack of controls meant that air could be released so that fibres could become airborne, creating a constant health hazard for those persons at the work site.
The Dangers of Asbestos
Up until the late 1990s, asbestos was used in construction across the UK for insulation, roofing, and flooring, largely because of its fire-resistant ability. However, inhaling asbestos fibres can lead to serious, and often fatal, illnesses e.g., mesothelioma, lung cancer, or asbestosis. These illnesses can take decades to develop, which is why prevention is so important.
This is why the Health and Safety Executive (HSE) has strict requirements about work on and removal of asbestos. Some activities, particularly those involving high-risk asbestos materials, such as asbestos insulation board or sprayed coatings, must be done by licensed asbestos removal contractors.
Legal Responsibilities
The Control of Asbestos Regulations 2012 require that anyone who has any responsibility for the management of a building, whether that is a property owner, landlord, or facilities manager, must identify and manage any risks from asbestos. This includes:
- Commissioning asbestos surveys prior to any refurbishment or demolition work, using competent contractors to take away asbestos,
- Ensuring that workers have taken asbestos awareness training if they are likely to be exposed to ACMs.
In this case, none of these legal responsibilities were effectively executed. Ultimately, the Court fined and charged the defendant costs, making it clear that ignorance was not a defence when it came to safety from asbestos.
The Role of Asbestos Awareness Training
Training and the awareness of asbestos is important for all workers who may disturb asbestos during their work. This applies to builders, plumbers, electricians and maintenance staff. Awareness training will help staff:
- Identify materials known to contain asbestos.
- Understand the health hazards posed by asbestos exposure.
- Know what to do if they find asbestos on-site.
Awareness training is not suitable for asbestos removal work. Actual asbestos removal will be carried out only by a trained and licensed asbestos removal company observing strict controls to stop fibres being released into the atmosphere.
Why Professional Asbestos Removal is Essential
When you hire professionals to remove asbestos, you are not just fulfilling a legal obligation, you are saving lives! Licensed asbestos removal companies:
- Carry out comprehensive risk assessments.
- Use specialist equipment to avoid contamination.
- Safely dispose of asbestos waste in licensed facilities.
- Provide clearance certificates confirming that an area is safe to re-enter.
As this case also illustrates, cutting corners can result in criminal charges, fines and life threatening damage to health.
Protect Your Site and Your Reputation
If you are planning to undertake any refurbishment, demolition or maintenance work, always check for asbestos first. Make arrangements for a professional asbestos survey and, if required, contact licensed experts for removal. You’ll be meeting your UK legal obligations, and keep your workers, your building occupants and your business’s reputation safe.
Work with Trusted Experts
Scopus Asbestos Compliance Ltd specialises in asbestos surveys, asbestos removal, and compliance consultancy for property owners, facility managers, and trade professionals. With qualified experts, full licensing, and a commitment to safety, we ensure every project meets the highest standards.
