Asbestos in Schools: Public Bodies & Public Opinion
At the end of last year, the Health and Safety Executive (HSE) announced that they would be inspecting hundreds of council buildings across the country to ensure that asbestos risks are being effectively managed.
This follows previous inspection programmes targeting schools and hospitals, as well as the launch of the HSE’s new campaign in January 2024, “Asbestos – Your Duty”.
Asbestos in public buildings is a matter which, understandably, remains high in the public mind. At only the beginning of this year, The Guardian featured a letter from Dr Gill Reed (former technical adviser, Joint Union Asbestos Committee) titled Labour must get asbestos out of schools urgently. This itself succeeds the Sunday Times campaign from 2023 calling for the Government to “Act Now”. A call since repeated by other asbestos campaign groups and their supporters.
Back in April 2022, a UK Parliamentary Work and Pensions Select Committee report recommended the removal of asbestos from public buildings over the following 40 years, highlighting schools as a priority. This is a recommendation which was rejected by the Government of the time.
The current HSE position remains that, if managed actively and safely, the presence of asbestos should not pose a risk to occupants.
So, what does this mean? It means that it is crucial for employers and ‘Duty Holders’ to be aware of their need to survey, assess and manage asbestos and its risks, and importantly that those duties are followed and supported on an ongoing basis, to include a regular review of asbestos management plans and registers.
5,000 asbestos-related deaths per year
Based on the latest statistics in Great Britian, there remain over 5,000 asbestos-related disease deaths per year and the UK has one of the highest per capita rates of mesothelioma (an aggressive and incurable form of asbestos-related cancer) in the world. These statistics should serve as a reminder to us all of the importance of this topic.
Helen Jones, HSE’s Head of Health and Public Services Sector has said of asbestos that “Local authorities have a hugely important role to play in keeping people safe”.
To assist local authorities, the HSE have made available many free resources including “Guidance on the management of asbestos in system build premises” and an “asbestos checklist for schools”. All can be found via the HSE website.
Ahead of the planned inspections highlighted at the top of this article, the HSE have suggested that local authorities may wish to review their current arrangements and ensure they continue to meet their duties under the Control of Asbestos Regulations, including:
1. Take reasonable steps to find out if there are asbestos-containing materials (ACMs) in their buildings, and if so, the amount, where it is and what condition it is in - presume materials contain asbestos unless there is strong evidence that they do not
2. Make, and keep up to date, a record of the location and condition of any ACMs – or materials which are presumed to contain asbestos
3. Assess the risk of anyone being exposed to fibres from the materials identified
4. Prepare an asbestos management plan (AMP) that sets out in detail how the risks from these materials will be managed
5. Take the necessary steps to put the plan into action
6. Periodically review and monitor the plan and the arrangements, and act on the findings, so the plan and arrangements remain relevant and up to date [This should be done every 12 months or sooner as required]
7. Provide information on the location and condition of the materials to anyone who is liable to work on, or disturb them
When completing this review, local authorities should carefully consider appropriate documentation, record keeping and, importantly, document retention. Asbestos diseases are latent in nature and may not appear for 40+ years after an exposure has occurred. Documents created today may therefore continue to have a relevance significantly into the future.
Always remember that surveys should be carried out by a competent person and that certain types of work involving ACMs must be carried out by those licensed by the HSE. All work involving asbestos, even non-licensed, must be carried out in accordance with the Regulations and by trained and competent persons.
Whilst the fraught purse strings and competing focuses of our local authorities are well known at the moment, not least by those trying to stretch the pennies into pounds, we must ensure that protection from the risks of historic asbestos use remain front and centre of the mind.
Do you need support in reviewing your asbestos system management?
Is your asbestos awareness training up to date?
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