With a death rate from asbestos disease of almost 14 people a day in the UK, according to HSE Asbestos Disease Statistics of 2019, we are, sadly, used to hearing about deaths from mesothelioma, asbestos lung cancer or asbestosis. It’s not that one becomes immune from the tragedy of asbestos disease. However, because of the long latency period that there is between being exposed to asbestos and someone presenting at their GPs surgery with symptoms that turn out to be those of asbestos-related diseases, it is easy to class asbestos disease only as an occupational illness.
The vast majority of those who die from mesothelioma, asbestos related lung cancer and asbestosis, are (mainly) men of over 55, more likely over 65, who used to work in industries where they regularly became exposed to high levels of asbestos fibres.
More recently there has been a lot of press attention on asbestos in schools – a legacy from the days when schools and other public buildings, such as hospitals, were built using asbestos based material. Asbestos was present in cement boards. It was also used as lagging for boilers and pipes, and for loose fill insulation.
Asbestos also found its way into homes. Remember that the last types of asbestos were only finally banned in 1999. Therefore properties built before that time and especially those built in the 60s and earlier could contain a considerable amount of asbestos in ceiling coatings (Artex was known to contain asbestos), boiler flue pipes, ducts and flooring tiles, storage tanks, eaves, gutters and rainwater pipes and of course, insulation materials.
It is an often-quoted fact that asbestos which is left intact, should not cause a problem. (We have inserted the words ‘should not’!) It is only when asbestos fibres and dust get released into the air, that it becomes a health hazard. That is when there is a danger of the fibres being inhaled by anyone in the immediate vicinity.
In theory, therefore, asbestos that is present in older buildings shouldn’t constitute a health hazard, unless it is removed or becomes damaged.
Removal of asbestos from properties, is governed by the Control of Asbestos Regulations 2012. There is a link to this government legislation and other guidance for contractors on the HSE Guidance pages of its website. Together with section 3 of the Health and Safety at Work Act 1974, both pieces of legislation impose a duty on contractors undertaking asbestos removal or management work, to ensure the safety not only of those doing the work but also ‘other persons who may be affected’ by that work.
However, if asbestos is left in a property, it can become dangerous in other ways. Although asbestos material itself does not decay, if the material containing asbestos does then there is a danger of the asbestos in that material becoming unprotected and being exposed.
Asbestos can become dangerous if it is damaged. For example, if cement sheets in walls of construction get damaged, then there is a danger that asbestos may become airborne, with a risk that asbestos dust might be inhaled.
Nevertheless, it has generally been considered that the risks of being exposed to sufficient asbestos to cause a health problem in the manner described above, are low-level risks.
That is why case of Linda Johns, recently reported in the press, is so worrying. Linda, who was 51, recently died of bronchopneumonia and malignant mesothelioma, at St Georges Hospital in London. Mesothelioma is a form of cancer caused by exposure to asbestos. The only known cause of it, is exposure to asbestos.
At the Inquest into her death, held on the 5th November, the Coroner held that because Ms Johns was unemployed, she could not have been exposed to asbestos at work. Therefore, the Coroner concluded that the only place that she could have been exposed was at her flat in Garrett lane, Wandsworth. The Inquest was told that asbestos was recorded in her flat in 1984 and the panels and boards containing it, were removed in 2004. The Coroner, Dr Fiona Wilcox, told the Court that:
“Other residents may still be living in Wandsworth, still exposed to asbestos. There may be other people out there who have been exposed, with a ticking time bomb still waiting for them.”
The report contained no further details. However, for the Coroner to have made the finding that she did, she must have been satisfied on all the evidence that she heard, that there was no other possible explanation as to why else, Ms Johns could have got mesothelioma.
This is a worrying, as well as tragic, case and adds yet more weight to the argument that the resources must be found to ensure that all remaining asbestos is safely removed from all buildings, whether public or residential. Even then, with the long latency period that asbestos disease has been exposure and diagnosis, it seems likely that others may suffer the sad fate that befell Miss Johns.
AUTHOR
James Burrell is an experienced asbestos and mesothelioma compensation solicitor. He is a partner in the Personal Injury and Industrial Disease department of Bridge McFarland LLP solicitors, based in Hull. and can be contacted on 01482 320 620
