23 July 2002
Impending changes to asbestos regulations
In August 2002 the new Control of Asbestos at Work Regulations 2002 (CAW) will introduce an explicit duty to assess and manage the risks from asbestos in premises. This important legislation is intended to reinforce the efforts to tackle asbestos-related disease as the biggest occupational health killer in the UK. David Cowles, Buro Happold Health and Safety Advisor, assesses the situation for non-domestic building owners.
The duty to manage asbestos element of the CAW Regulations, which are planned to be formally launched in October 2002, will come into force in spring 2004.
Asbestos related diseases (Mesothelioma, asbestosis and lung cancer) are thought to kill up to 3000 people a year, with this figure expected to rise to 10,000 by 2010 (HSE figures). But those dying during that period will have already inhaled a fatal dose of asbestos fibres. It can take anywhere from 15 to 60 years after first exposure before the development of the fatal diseases (HSE asbestos campaign).
Many people are not aware that asbestos is present in their buildings and think that the new legislation will not affect them. It is, however, estimated that asbestos materials are present in over half of the United Kingdom’s non-residential buildings. Asbestos seen as a problem from and restricted to the 1950 / 60’s is a common misconception. Some forms of asbestos were used in construction until much later.
An important issue for non-domestic building owners that are contemplating major refurbishment or demolition is in relation to asbestos surveys. Reliance is often placed on information provided by “specialists” in the form of existing asbestos survey information or that procured specifically for the intended project. Arguably the most common type of survey carried out by specialist companies is the Type 2 Standard Sampling survey. This type of
survey is generally non-intrusive and the resulting report will invariably be qualified to alert the reader to its limitations, notably that the survey and sampling carried out was limited to areas that were conveniently accessible i.e. the fabric of the building was not disturbed in order to gain access to voids, sealed service risers and the like.
The danger is that asbestos containing materials (ACMs) concealed in such voids are likely to have been overlooked in any preliminary asbestos removal contract, and may remain to be encountered during refurbishment or demolition works. The new legislation places clear responsibility on building owners to be aware of all asbestos associated with their premises and to manage the risks to ensure that no one is exposed to danger from ACMs present.
The technical guidance note MDHS 100 published by the HSE (July 2001) provides guidance on the survey of premises for ACMs and is seen as a forerunner to the new legislation. This details three types of survey available and as many organisations are already finding to their cost, reliance on or undertaking the wrong kind of survey can prove expensive and may lead to prosecution.
The type of survey required will vary depending on the aim and purpose for which it is to be used. Surveys before demolition and refurbishment will continue to be required under CAWR and the CDM Regulations. It is anticipated however that the new regulations will prompt the procurement of many more surveys by premises owners in an effort to comply with their obligations.
Background information for Editors:
Press Office and Practice information at://www.burohappold.com
Buro Happold is a multi-disciplinary international practice of consulting engineers established in 1976 offering civil and structural engineering, mechanical and electrical engineering, quantity surveying, building services and environmental engineering, infrastructure and traffic engineering, geotechnical engineering, façade engineering, fire engineering, computational fluid dynamics analysis, access consultancy, project management, urban design and a range of specialist CAD services.
