There are all sorts of considerations bosses should have in mind when they receive health and safety training. The most central provision of the 1974 Health and Safety at Work Act is the requirement (section 2.1) that: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”
The catch-all nature of this provision is deliberate; it means employers should leave no stone unturned in ensuring safety wherever possible. Nonetheless, there are some instances when the potential danger is particularly evident, such as when machinery, working at height, or potential exposure to hazardous substances is involved.
Asbestos is a prime example of the latter. Once a fireproofing material of choice, it has been banned since the end of the last century, with its potentially deadly carcinogenic effects, causing the deadly lung cancer mesothelioma, becoming apparent.
However, because it was used for so long as fireproofing, that means any work on old buildings where it may be present risks disturbing it and exposing workers to it. That could include work where asbestos dust may become airborne or the more hazardous job of demolishing or renovating a building and having to remove the asbestos in it.
This means anyone working in an environment with asbestos present must be compliant with the law, with management needing to know the law and comply with it. This includes the control of Asbestos Regulations and the Control of Hazardous to Health Regulations.
Among the provisions are that staff need to be given the correct PPE and training to work with asbestos to prevent exposure and potential inhalation of fibres, as well as the responsibility of those in charge of non-domestic buildings known to contain asbestos to manage the risk to anyone in rooms close to the substance.
Failures to comply with asbestos regulations can lead to prosecutions. Last month, the Health and Safety Executive prosecuted two companies, P Turnbull Joinery and Building Services and Alt Berg Holdings, after a 16-year-old worker was exposed to asbestos in 2021.
In this incident, at a farm near Richmond in North Yorkshire, he had been tasked with breaking up cement sheets that had been removed from a house roof, before placing the debris in a skip.
However, it was later found the cement had contained asbestos, potentially exposing the worker to the substance. This had happened because Alt Berg Holdings had not carried out an asbestos demolition and refurbishment survey and P Turnbull had not inspected for asbestos, both steps that should have been taken.
Consequently, Berg Holdings was fined £6,000 with costs and P Turnbull £2,000 with costs. In the case of Berg Holdings, this was a breach of Regulation 4(4) of the Construction (Design and Management) Regulations 2015, whereas for P Turnbull it was a straightforward failure to apply section 2.1 of the Health and Safety at Work Act.
The different offences show that it is vital to know and comply with the various laws regarding asbestos risk, but also to always come back to the guiding principles contained in section 2.1 of the 1974 act.
If you’d like to build your health and safety knowledge further, our NEBOSH General Certificate course is a great place to start. It’s designed for anyone looking to develop practical skills and gain a respected qualification in workplace safety. To find out more, get in touch with the ACT team today.
