Whilst often considered problems of the past, asbestos-related diseases continue to account for a significant number of work-related deaths. We discuss what asbestos is, why it’s still present, and why the duty to manage it remains as important as ever.
If this year’s Asbestos Awareness Week taught us anything, it was that neither asbestos, nor the diseases it causes, are things of the past.
“Asbestos remains a major issue around the world and is the biggest cause of occupational cancer,” said Ruth Wilkinson, head of policy and public affairs at the Institute of Occupational Safety and Health (IOSH). “Despite the risks, there is still too much uncertainty and ignorance around managing asbestos. The time for action is now.”
In the UK, the Health & Safety Executive (HSE) continues to identify failures in asbestos management, with more than 100 prosecution cases relating to 150 breaches of the law brought over the past five years. This recently led the HSE’s head of manufacturing sector David Butter to remind manufacturing firms of their legal duties to manage asbestos, something that he also stated was “common sense and good business”.
What is asbestos?
Asbestos is a naturally occurring, fibrous mineral that is found in the Earth’s crust. Highly resistant to heat and corrosion, asbestos was widely used in manufacturing steam engines, blast furnaces, ships, and armaments during the Second World War.
Buildings constructed before 2000 may also contain asbestos, which was used in pipe lagging, insulation, ceiling tiles and partitions, cement roofing panels, wall panels, gutters, sprayed coatings, vinyl floor tiles, and even some textiles.
There are three main types of asbestos: crocidolite and amosite (also known as blue and brown asbestos respectively), which were banned in 1985; and chrysolite (white asbestos), which was not banned until 1999.
Why is asbestos dangerous?
Asbestos is most dangerous when it is damaged or disturbed, or when the materials that contain it are in a poor condition. When a person comes into contact with damaged asbestos, they can inhale tiny, invisible fibres that attach themselves to that person’s lungs (and sometimes other parts of the body).
These fibres, which the body cannot remove, can lead to asbestosis, a rare but serious and incurable lung condition, and mesothelioma, a type of cancer that develops in the lining of the lungs.
Most people with asbestosis or mesothelioma will be unaware that they have the disease, as symptoms develop gradually over time and can take upwards of 20 years to materialise.
In many cases, mesothelioma or asbestosis will not be diagnosed until they are at a very late stage, by which time most treatments will be ineffective.
According to the NHS, more than 2,700 people are diagnosed with mesothelioma each year.
Why is asbestos still a problem?
Although the links to even small amounts of asbestos fibres and cancer were well-known as early as the 1950s, its use was – and in some places, still is – widespread.
Countries such as Russia, Kazakhstan, Brazil, China, India, and even Canada continue to import and use asbestos, whilst the US only banned the use of white asbestos in 2024.
According to the World Health Organisation (WHO), 125 million people globally are exposed to asbestos in the workplace, with approximately half of deaths from occupational cancer caused by asbestos.
Even in the UK, many buildings pre-dating 1999, such as schools, hospitals, and office buildings, still contain asbestos.
Those involved in occupations that may damage, disturb, or otherwise cause exposure to asbestos, such as construction workers, plumbers, electricians, plasterers, painters, decorators, and maintenance staff, are particularly at risk. Other building users, however, can also be at risk if they are unaware that asbestos is present and that asbestos is disturbed.
What is the legal duty to manage asbestos?
According to the HSE’s latest statistics, asbestos-related deaths exceeded 5,000 in Great Britain in 2022. This means there is still work to be done to ensure that any activities involving asbestos are completed properly, and the associated risks managed.
Under the Control of Asbestos Regulations, certain individuals – or ‘dutyholders’ – have a legal duty to effectively manage and mitigate the risks of asbestos exposure in non-domestic premises and to keep workers and other stakeholders safe.
The penalties for failing to do this can be severe. In 2024, for example, a Stretford-based business and its director were fined £20,000 and £75,000 respectively after the HSE found significant amounts of asbestos-containing materials and debris across a work site. The HSE’s subsequent investigation found that the director had been “fully aware of the potential dangers of asbestos” whilst the removal work was carried out under the direct control and instruction of both him and the company. Both parties faced additional costs of more than £18,000, with the director also receiving a custodial sentence of 20 weeks, suspended for 12 months.
Under Regulation 4, a dutyholder may be a building’s owner or landlord, or the organisation/ person in charge of maintenance and repair. Employees, too, will have responsibilities to comply with any outlined methods of working, and to only undertake tasks for which they are adequately trained.
The Control of Asbestos Regulations also supplement:
- the Health and Safety at Work etc. Act 1974 – which provides general duties on employers, landlords and some self-employed people to ensure the health and safety of anyone affected by their work; and
- the Control of Substances Hazardous to Health Regulations (COSHH) – which require employers to prevent or control worker exposure to harmful substances.