56 | BUILDINGS | LEGAL ISSUES
W:
www.universitybusiness.co.uk | T: @UB_UK
ABOVE LEFT: Anthophyllite asbestos. ABOVE RIGHT:
THE SERIOUS ISSUE OF ASBESTOS BY JOHN SPENCER, SPENCERS SOLICITORS
Around 4,000 people in the UK die each year as a result of asbestos-related diseases. Yet in the 1950s, when asbestos was fi rst used in the construction of schools and universities, it was hailed as a ‘miracle fi bre’. Fast forward to 1999 and it was
categorically banned in any form, following discovery of the potentially fatal consequences for those who inhale its microscopic fi bres. Disturbed or damaged asbestos releases fi bres that gather in the lungs to cause severe damage and a high likelihood of developing multiple, incurable cancers. Yet despite being banned as a
dangerous substance 15 years ago, asbestos can still be found in many university buildings erected throughout the 1960s and 1970s and a number of students and those working within the education sector have succumbed to asbestos-related diseases, usually totally unaware of their exposure. So, 15 years after asbestos
was banned, why is more action not being taken?
The current picture: lack of clarity The real issue is a lack of clarity as to who, in the absence of a national framework, is ultimately responsible for managing asbestos within the university sector. According to the HSE, in many cases the duty holder is whoever holds responsibility for maintenance and repair of the premises. Yet when you consider this could be anyone from governors to trustees, identifi cation
of this duty holder becomes diffi cult. Further, when building management is delegated to local authorities, the duty then lies between them and the university. Proactive inspections by the HSE were
cancelled three years ago, and current policies advocate containment rather than removal – something which relies heavily on staff and student members knowing exactly how to identify and approach asbestos management. A strategic plan must be established for asbestos removal and containment, alongside the reintroduction of proactive inspections and clarity as to who is responsible for asbestos risk.
Practical steps In advance of this, there are some practical steps that universities can take to protect themselves, their staff and students from the threat of asbestos. Firstly, identify as to
know where asbestos is contained, and what to do should they disturb it, is highly important. Universities need to ensure their
students know the dangers and thus act accordingly should they suspect or encounter asbestos. Using appropriate labels can be a clear way of ensuring that people will not inadvertently make themselves vulnerable.
“Disturbed or damaged asbestos releases
fi bres that gather in the lungs to cause severe damage” John Spencer
whether any existing asbestos is in place. Then ensure a clear policy is in place to identify to educate those who work around it, and ensure procedures exist in case of an emergency. Asbestos presents its most
immediate threat when disturbed, and so ensuring any contractors or sub-contractors undertaking building or repair work
The future for asbestos management within universities Ultimately, to eff ectively ensure all universities present a safe environment, asbestos management should be addressed as part of a consolidated national policy. A country we may be able to look to for guidance on this issue is Australia, who on 3 June 2014 passed legislation for the Asbestos Safety and Eradication Bill – a commitment by the Australian government to solve their asbestos problem once and for all. In the UK we should not
be afraid to keep banging the drum on this issue as
it’s an extremely serious mat er that the government
has failed to adequately address in the last 30 years. For too long this issue has
been ignored, and it deserves due recognition as the serious problem threat to public health it is. UB
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