In a recent survey of sixteen British schools carried out by the Asbestos Training and Consultancy Association (Atac), it was found that none of the sixteen schools were meeting health and safety requirements regarding asbestos management.
Over the last few years, the Health and Safety Executive (HSE) have been highlighting the dangers of asbestos through some high profile media campaigns focussing primarily on tradesmen and work related deaths.
The focus has now turned to asbestos in schools, and it is estimated that asbestos is found in around 75% of schools in Great Britain.
The Government's policy where asbestos is found in a building, is to leave it in place; the substance should be 'managed' rather than 'removed'.
HSE advice is to remove damaged or disturbed asbestos in existing buildings but to leave undisturbed or undamaged asbestos in place and carefully manage it. However, Atac has said that many schools lack the resources to safely manage asbestos - which if disturbed can become dangerous.
By law, there are robust processes that must be put in place to carefully monitor asbestos. These are in accordance with the Control of Asbestos at Work Regulations (2006) (the "Asbestos Regulations").
Under the Asbestos Regulations, any person who has an obligation to maintain or repair non-domestic premises must conduct a risk assessment as to whether asbestos is present in those premises. This person, usually the owner or occupier of the building, must also ensure that those places which are reasonably accessible are inspected in order to identify any material containing asbestos. Where any material containing asbestos is found, this must be recorded in a written register (known as an "Asbestos Register") and a plan detailing the measures for managing the risk must be prepared.
The Government has said that it will be producing guidance on asbestos management for head teachers, governors and local authorities and that training will also be offered.
To view the Asbestos Regulations please click here (www.hse.gov.uk/asbestos/regulations.htm)
To view the Atac Website please click here (www.atac.org.uk/)
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 24/02/2010.
