New asbestos disease claims are being brought each week by expert asbestos and mesothelioma solicitors on behalf of some of the thousands of people who are living with asbestos illness in the UK.
According to the British Lung Foundation, in 2012 in the UK, there were approximately 5400 people living with mesothelioma alone. (Mesothelioma is a form of cancer, the singular cause of which is almost always exposure to asbestos.)
There are a number of other types of asbestos illness too. These are;
– Asbestos related lung cancer
– Asbestosis
– Pleural Thickening
All of the people currently suffering from asbestos related illness, almost without exception, will have been exposed many years ago to the asbestos fibres or dust that has caused their current health problems. The period from being exposed to asbestos, through to diagnosis of a recognised asbestos related illness, is known as the ‘latency period’. The length of this period can be anything up to 40 years or even more. That means, for example, that there are still people today being diagnosed with mesothelioma or one of the other asbestos conditions, as a result of exposure to asbestos in the 1970s or 1980s.
In 1985, two types of asbestos, amosite and crocidolite were banned in the UK. Then in 1995, the final form of the deadly mineral that is asbestos, crysotile, was also prohibited. This ensured that the import, supply and use of asbestos in all its forms was outlawed.
Shouldn’t asbestos disease should eventually be a thing of the past?
This is a bold statement, but logically this should be the case. Given that asbestos has been banned in all formats for 20 years now and on the basis that the latency period for the disease to appear is up to 40 years (more in some cases, but less in many others), then yes, it is a logical assumption that eventually asbestos diseases will be confined to history. Approximately 5000 people die from asbestos disease each year, with this figure having remained fairly constant over the past few years. However, we have every right to expect that 20 years from now asbestos disease ought to be pretty much a thing of the past.
There is a factor that we haven’t yet taken into account in this article which might suggest that our optimism, is sadly unfounded.
There is still a significant amount of asbestos in buildings all over the country
Whilst the ban on asbestos stopped its supply and use at least 20 years ago, there is still asbestos present in many buildings all over the UK.
Asbestos Insulating board (AIB)is still present in thousands of residential, industrial and public buildings, including hospitals and schools.
AIB usually contained amosite, more commonly known as brown asbestos, although a mixture of amosite and crysotile (white asbestos) was also used.
Asbestos in other forms too, still hides in many buildings, such as;
– as lagging on boilers and pipes,
– as loose fill insulation,
– through spayed coatings that were applied to walls, ceilings and on beams
– in residential properties where it still lurks in airing cupboards, in ceiling tiles and behind fuse boxes.
Asbestos is not generally considered to pose a danger unless it is disturbed
If asbestos isn’t a danger unless disturbed, then by just leaving it alone in these building, there shouldn’t be a problem, should there?
That theory is correct on one level. However, asbestos is not only disturbed when it is actively, cut, sawn or drilled. The same effect of releasing asbestos dust or fibres into the air, occurs when asbestos starts to decay or when it gets inadvertently damaged. Equally if there is a fire in a building containing asbestos, the asbestos containing materials can be subject to damage and this too causes fibres to become airborne. There were enough concerns in the aftermath of the Grenfell Tower fire, for there to be calls for the NHS to set up a screening programme for both survivors and emergency workers who may have been exposed to toxic fumes and asbestos as a result of the fire.
It doesn’t need to be anything as tragic as the Grenfell fire that causes damage to existing asbestos in buildings, before it becomes a problem to the health of the occupants. Naturally occurring decay and accidental damage to asbestos in the fabric of buildings can be enough to pose the potential for the occupants or workmen to be exposed to asbestos. It is also fanciful to think that much of the asbestos present in public buildings is going to remain undisturbed for any period of time.
Duty to manage asbestos – The Control of Asbestos Regulations 2012.
– The government introduced this set of rules to ensure that the owners of non-domestic premises have a system whereby they must;
take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in
– presume materials contain asbestos unless there is strong evidence that they do not
– make, and keep up-to-date, a record of the location and condition of the asbestos- containing materials – or materials which are presumed to contain asbestos
– assess the risk of anyone being exposed to fibres from the materials identified
– prepare a plan that sets out in detail how the risks from these materials will be managed
– take the necessary steps to put the plan into action
– periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date
– provide information on the location and condition of the materials to anyone who is liable to work on or disturb them
The ownership of schools can vary depending on the type of school. However, for state schools, this is likely to be the local authority. For NHS hospitals it will be the relevant NHS Trust.
How well is asbestos in schools and hospitals not only managed but also dealt with when identified?
A 2010 survey of 600 schools showed that only 28% of respondents said the presence of asbestos containing materials were clearly marked in their school premises. A further survey of schools asking whether they were compliant or not with their legal duty to manage asbestos on their site was due to end in May 2018. However, the deadline had to be extended after less than a quarter of schools had responded. At the time of writing the results of the survey have still not been released by the government.
A number of hospitals have been fined or reprimanded as a result of failings in their asbestos management procedures. In 2015 Christie’s Hospital in Manchester, admitted that “historically it may not have met the required health and safety standards” when some maintenance staff at the hospital were “unknowingly exposed” to airborne asbestos levels above safety standards.
More recently, Shrewsbury and Telford Hospital NHS Trust was fined after refurbishment work undertaken in an accommodation block at Royal Shrewsbury Hospital exposed both employees and contractors to asbestos.
Trust employees had been removing fixtures and fittings from some empty flats when they disturbed asbestos materials. However, to compound the initial accident, the Trust then failed to take adequate measures to deal with the initial release of asbestos. This meant that other contractors who later worked in the flat were also exposed to asbestos
The Health and Safety Executive (HSE) carried out an investigation. It found that the Trust had not properly recorded the asbestos materials on their estate register. The Trust had arrangements in place to manage asbestos, however, the overall management plan for dealing with asbestos was not recorded in a clear and concise manner or effectively communicated to its employees and contractors working on site.
What does this tell us?
1. Asbestos was finally banned in 1999.
2. As a result, since 2000, any new properties cannot be built using any asbestos materials.
3. Many thousands of buildings in the UK that were built built before the turn of the century, still contain asbestos materials.
4. Although the general policy is to leave asbestos undisturbed, so as not to cause it to emit fibres of asbestos into the air, there have been numerous incidents that have shown that the policy of leaving asbestos undisturbed is neither always feasible, nor is it always advisable.
5. There are comprehensive rules relating to the management of asbestos in non-residential buildings, such as schools and hospitals.
6. In practice the management policies are not always being thoroughly followed.
7. In some instances, there may be a lack of awareness as to just how serious the threat of asbestos continues to be.
8. There are numerous examples of poor asbestos management leading to workmen, staff and members of the public, becoming exposed to asbestos.
Eradication of Asbestos
Trades Unions and other groups believe that the mere management of asbestos is not sufficient to prevent the present and future generations from being exposed to the asbestos that is still present in our buildings. The TUC has called for new legislation requiring employers to safely remove all asbestos from their premises and for a clear date to be set by when this will be achieved. They argue that the only way to ensure that mesothelioma and other asbestos related illnesses, become a thing of the past is by eradicating asbestos from all buildings.
Bridge McFarlandLLP solicitors specialist asbestos disease compensation solicitors are experts in mesothelioma claims and all other types of asbestos claims.
If you or a family member have been diagnosed with an asbestos illness or you worked with asbestos and are now having breathing difficulties, our experts will be only too pleased to talk with you, free of charge, to see whether they can assist you.
Simply contact either James Burrell or Leanne Keating in Hull on 01482 320 620 or Kathryn Hudson in Grimsby on 01472 311 711. Alternatively, you can email the team at info@bmcf.co.uk and they’ll get back to you at your convenience.
