willis real estate practice asbestos – ignore your responsibilities ...€¦ · asbestos –...
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Asbestos – Ignore Your responsIbIlItIes, pAY the prIce
Asbestos is now the single greatest cause of work related deaths in the U.K. and this figure is anticipated to increase until 2020 with over 4,000 people dying in the U.K. from asbestos related diseases each year! It’s hard to believe, but people are still ignoring the asbestos legislation and their responsibilities, although, this could possibly result in serious health issues and a hefty monetary fine.
What are the regulations?The Control of Asbestos Regulations 2012 imposes responsibilities on the landlord as Duty holder with respect to the external and communal areas of multiple-occupation dwellings and commercial premises.
It is the legal responsibility of the Duty holder to implement an Asbestos Management Plan.
It came into force on April 6, 2012 and is often asked for by insurance companies and mortgage lenders for private homes. Its purpose is to locate, as far as reasonably practicable, the presence and extent of any suspect asbestos containing material (ACM) in the building which could be damaged or disturbed during normal occupancy, including foreseeable maintenance and installation and to assess their condition.
The Health & Safety Executive (HSE) carried out targeted inspections during February and March, 2012 visiting over 3,200 shop premises nationwide. Inspectors visited 415 sites in the North East of England and were forced to take formal enforcement action at 186 sites, issuing notices to prohibit work activities or to get matters put right.
These notices issued related to asbestos matters and it was found that some premises had not complied with current legislation and had an asbestos survey carried out.
cAse studIesIn 2011 Marks and Spencer were fined £1 million for asbestos breaches at two of its stores. The fine was for failing to protect customers, staff and workers from potential exposure to asbestos during refurbishment at two of its stores in Reading and Bournemouth. Richard Matthews, prosecuting, told the trial that M&S failed to carry out sufficient surveys to identify the location of asbestos in the stores.
Who is responsible?The Duty holder is anyone responsible for maintaining and repairing all or part of a property, or who has control of the building. For example, the occupier or the owner.
Will the regulation affect me?If you control or have information about the building, you must co-operate with the Duty holder. For instance, landlords must pass on relevant information to new tenants, and leaseholders must allow access for inspection by managing agents.
What do I need to do?– Do a desktop study to check out what you already know
about your buildings, e.g. look at plans and other documents.
– Contact anyone else who may already have useful information about the building, e.g. a surveyor, architect or contractor who knows the building.
– Carry out an inspection of the building. You can do this in house, especially if you simply assume materials contain asbestos. Or use an independent expert if samples have to be analysed.
– Record the results of the inspection, identifying the parts of the building where asbestos may be located.
– Assess the risk of asbestos fibres being released into the air from the materials in those areas. Take into account the materials’ condition and how likely they are to be damaged or disturbed.
– Draw up a management plan. State which areas, if any, need asbestos to be sealed, encapsulated or, as a last resort, removed.
If you are a duty holder, you must:– Find out whether your building contains asbestos and
what condition it is in.
– Assess the risk, e.g. if it is likely to release fibres?
– Make a plan to manage that risk.
noVeMber 2013
Willis ReAl estAte PRActice
This bulletin offers a general overview of its subject matter. It does not necessarily address every aspect of its subject or every product available in the market. It is not intended to be, and should not be, used to replace specific advice relating to individual situations and we do not offer, and this should not be seen as, legal, accounting or tax advice. If you intend to take any action or make any decision on the basis of the content of this publication you should first seek specific advice from an appropriate professional. Some of the information in this publication may be compiled from third party sources we consider to be reliable, however we do not guarantee and are not responsible for the accuracy of such. The information given in this publication is believed to be accurate at the date of publication shown at the top of this document. This information may have subsequently changed or have been superseded, and should not be relied upon to be accurate or suitable after this date. The views expressed are not necessarily those of the Willis Group. Copyright Willis Limited 2013. All rights reserved.
Willis Real Estate Practice is a trading name of Willis Limited, Registered number: 181116 England and Wales. Registered address: 51 Lime Street, London, EC3M 7DQ. A Lloyd’s Broker. Authorised and regulated by the Financial Conduct Authority for its general insurance mediation activities only.
FP1477/12274/11/13
What shouldn’t I do?– Don’t panic – asbestos is only dangerous when disturbed.
If it is safely managed and contained it doesn’t present a health hazard.
– Don’t remove asbestos unnecessarily. Removing it can be more dangerous than simply containing it.
– Don’t treat all asbestos materials the same. You only need to use a licensed contractor to work on high risk materials, such as pipe insulation or asbestos insulating panels – not on asbestos cement which is much less dangerous.
– Don’t assume you need to bring in a specialist in every case. The regulation allows you to inspect your own building and assume materials contain asbestos.
Article reproduced by kind permission of MAP Chartered Surveyors.www.mapsurveyors.co.uk.
What insurance protection is available?Your Public Liability insurance policy may exclude injury to third parties caused by asbestos. The Public Liability section of the Willis Real Estate Practice policy wording excludes only liability in respect of a fear of suffering injury arising out of actual or suspected exposure to asbestos. It will therefore respond to confirmed cases of asbestosis.
The costs of remedying the presence of asbestos or managing asbestos risks are excluded under the policy.
In respect of the cover provided under the Public Liability section of an Owner Co-Ordinated Insurance Programme (OCIP), there is no exclusion under the Willis OCIP primary policy wording which generally provides a limit of indemnity of £1,000,000 any one occurrence.
However, if higher limits of indemnity are purchased by means of excess layer policies, then it is likely that a total asbestos exclusion will be imposed by the insurers. This would apply to all claims arising out of asbestos or asbestos related material.
What can Willis do for you?
There are several ways in which Willis are able to offer assistance, for example:
– by undertaking asbestos management reviews, assessing existing arrangements against legislatory and best practice standards.
– provide asbestos training covering a legal overview of responsibilities, likely asbestos materials, management documentation and emergency procedures.
– provide advice on insurance implications regarding asbestos management.
To discuss any of the above in further detail, please do not hesitate to contact a member of your Client Service Team, or any of the contacts listed below.
Real Estate Practice, Willis Limited, Level 11, The Willis Building, 51 Lime Street, London, EC3M 7DQ.
John DilleyManaging DirectorT: +44 (0)20 3124 6233E: [email protected]
Paul TurnbullClient Service DirectorT: +44 (0)20 3124 6253E: [email protected]
Ian KennettDirector of SalesT: +44 (0)20 3124 6330E: [email protected]
Matthew HellyerBusiness Development ExecutiveT: +44 (0)20 3124 8354E: [email protected]
Mark LandauBusiness Development ExecutiveT: +44 (0)20 3124 6204E: [email protected]
Mike CarolanConstruction DirectorT: +44 (0)20 3124 6229E: [email protected]
Dean PerkinAccount DirectorT: +44 (0)20 3124 8739E: [email protected]