Greater Manchester Asbestos Victims Support Group (GMAVSG) offer free independent advice about benefits and compensation to people who have been diagnosed with an asbestos related condition.
Personal injury
Illegal removal of asbestos: the risks and consequences
The removal of asbestos by anyone but specialists is not only unlawful, but poses an extreme health risk. It is therefore important that awareness is raised to the reality of these consequences when contractors fail in their safeguarding duties.
Asbestos in any work environment is a concern.
It is imperative that it is properly identified, managed, contained and where necessary removed by the appropriate asbestos removal specialists to reduce any potential exposure to those in the vicinity.
What are the dangers of illegal asbestos removal?
The removal of asbestos is most certainly not an area that professionals who know better should cut corners with for the sake of expenses. Disturbed asbestos dust and fibres is highly hazardous and can potentially put the public at risk of exposure. The HSE states that asbestos-related disease claims the lives of an estimated 5,000 people per year in the UK.
In the UK, the law states that duty holders have the responsibility to ensure that adequate assessments take place to avoid the risk of asbestos exposure. This ought to include taking reasonable steps to locating any harmful waste as well as identifying the risk of anyone being potentially exposed to asbestos.
Legal penalties for non-compliance with asbestos regulations in the UK can be severe. The Health and Safety Executive (HSE) enforces these regulations strictly, imposing substantial fines and even imprisonment for serious breaches. The penalties can include:
- Fines
- Imprisonment
- Prohibition Notices
- Improvement Notices
- Reputational Damage
As well as legal penalties, there are personal risks to illegally removing asbestos. It is important that the material is properly identified, managed, contained and where necessary, removed by the appropriate asbestos removal specialists as to reduce any potential exposure to those in the vicinity. Exposure to disturbed asbestos can lead to several health conditions such as mesothelioma or lung cancer.
Who can remove asbestos?
When asbestos is found, the Control of Asbestos Regulations 2012 provide guidance on how to proceed, who can remove asbestos safely, and how to do so. It also states that the findings of the asbestos survey are to be shared with anyone who might be put at risk. By providing this information on the location and condition of the asbestos to anyone who could disturb it, the regulations limit and prevent asbestos exposure.
Under the Control of Asbestos Regulations 2012, any person or company who are removing asbestos must have a valid licence to do so. This licence can be issues by the Health and Safety Executive (HSE).
To hold this licence, the person or business are tested with a throughout assessment of technical ability, competence and financial standing.
It is crucial that only licence holders remove asbestos as it means that the material is properly identified, managed and contained. This proper handling limited the risk of exposure.
How is asbestos removed safely?
Before starting any work to remove the asbestos, the licence holder who is removing it must notify the HSE of the intended work at least 14 days in advance. This notification of work must include:
- details of the location
- quantity of asbestos to be removed
- the methods to be used
- the precautions that will be taken to protect workers and the public from exposure to asbestos fibres.
During the removal process, the licenced removal expert must follow strict procedures to ensure the safe handling and disposal of asbestos waste. This includes using personal protective equipment, closing off the work area to prevent the spread of asbestos fibres, and using wet methods to suppress dust and fibres in the air.
After the removal work is complete, the contractor must carry out air monitoring to ensure that the area is free from asbestos fibres. A certificate of reoccupation must be issued before the area can be reoccupied.
If you’ve suffered due to asbestos exposure, we can help
If you or a loved one has suffered from, or is suffering from, mesothelioma, even if the exposure to asbestos took place many years ago, you may be entitled to compensation. Our team of dedicated specialists have a strong history of supporting those who have suffered from asbestos related diseases.
Slater and Gordon have a specialist team of asbestos compensation solicitors that deal with asbestos claims on a no win no fee basis. For a free consultation call 0330 041 5869 or contact us online and we’ll be happy to help you.
All information was correct at the time of publication.
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