risk management

Exposure to

asbestos

ASBESTOS-related illnesses claim between 3,000 and 4,000 lives each year, mainly from cancers of the lungs and chest linings, caused by breathing in air containing asbestos fibres. Between 1997 and 2000, 147 people working in education died from mesothelioma, an asbestos-related cancer. The delay between first exposure and onset of disease can vary from 15 to 50 years. Sadly, the number of deaths from mesothelioma continues to rise, with the prediction that it will peak in 2015/2016.

SOURCE: Association of Teachers and Lecturers

Who's at risk?

mesothelioma-related claims is being contested through the courts under a test case, Durham v BAI (Run-off) Limited. If the courts rule that the policy should be triggered when the illness develops, rather than at the time of infection, then insureds will potentially have a gap in insurance cover, relating to the years between exposure to asbestos and the actual manifestation of any disease. This principle already applies to Public

Liability insurance following the Bolton MBC and Municipal Mutual Insurance case, which covers any claims relating to pupils that have contracted an asbestos-related

“Few (if any) industries are immune to the possibility of mesothelioma claims. Mergers and reorganisations in the second half of the 20th century have resulted in many public sector entities now being unaware of their potential exposures to asbestos-related claims.

“With the fast track approach to claims in place in the courts, entities now have a very limited time window to locate their legacy employers’ liability coverage, once they received notice of a potential claim.”

Ian Pelham, managing consultant at InSolutions.

illness. Aside from the obvious duty of care, schools may run the risk of sizeable financial losses in the future, depending on the outcome of this appeal, if they fail to manage asbestos materials on their premises effectively in the long-term. Marsh published research in October 2009 on actual mesothelioma cases before the Queen’s Bench Division of the High Court of Justice in London which highlighted the range of UK occupations and industries affected by diseases such as mesothelioma. Over a third (36%) of the cases examined were from 1956 to 1960, making it likely that initial exposure would have been 40 years prior to the effective start of a claim. This indicator, supported by

UK mesothelioma claims are expected to peak in 2016

data from the HSE which indicates UK mesothelioma claims are expected to peak in 2016, suggests that it is likely that affected employees will have been exposed to asbestos between the late 1960s and mid 1970s. The final settlement values in the cases reviewed ranged between £50,000 and £200,000.

www.marsh.com

66 edbmagazine.co.uk

THE MOST likely ways asbestos containing materials (ACMs) in schools/colleges can be disturbed or damaged is through maintenance, repair or construction activities. This includes even small jobs such as installing telephones, data projectors or computers, putting up shelving or installing security systems. Anyone carrying out such work will need to know whether the building does, or may contain ACMs, where the ACMs are located and what condition they are in. School caretakers have been identified as a particular group at risk due to the nature of their work (eg drilling and fixing). Vandalism may also result in the release of asbestos fibres, for instance damage caused to asbestos panels caused by pupils kicking them.

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