Cooke & Arkwright
News
New legislation on asbestos could affect farmers
15/09/03
Farmers will soon have more to grapple with than the new CAP reforms, as new legislation comes into force to deal with the potential hidden threat of asbestos.
The revised Control of Asbestos at Work Regulations, due to come into force in spring 2004, will place the onus of responsibility on employers, owners and tenants of work premises, to identify the presence of asbestos and to take steps to manage the hazard or to remove it where necessary. The legislation will be enforced through heavy fines and imprisonment.
Various types of asbestos were widely used as building materials from the 1950s before being finally banned in 1985. However, asbestos cement based products such as corrugated roofing panels were used until as late as 1999. The widespread presence of asbestos in many common building products means it is safer to assume it is present in buildings constructed or renovated up until about four years ago unless there is evidence to the contrary. Asbestos can typically be found in insulation boards, ceiling tiles, roofs, vinyl floor tiles and pipe lagging to name a few.
Farm outbuildings often have corrugated roofs and down-pipes containing asbestos. Problems particularly arise when refurbishment and maintenance of buildings is undertaken and asbestos becomes exposed or disturbed, allowing its fibres to escape into the air. The first step is to assess how likely the risk is that asbestos is present on any premises.
Cooke & Arkwright is taking steps to raise awareness amongst its rural clients about the forthcoming legislation and the need to implement a management plan if it is suspected that asbestos may be present. Rural Director Rod Perons explained that the first step is to carry out a survey of the buildings on the farm."The aim of the initial survey is to locate - as far as is reasonably practicable - any materials suspected of containing asbestos and to assess the risk.”
Before any building works are undertaken that disturb the fabric of the building and may expose asbestos, a more detailed survey is required during which materials suspected of containing asbestos will need to be sampled and analysed. This must be undertaken by specialists licensed by the Health and Safety Executive (HSE). Removal of any asbestos found on site must be carried out by licensed contractors. For anyone who has a direct responsibility for repair, maintenance or alteration of buildings or structures or employs other people on their own, or rented premises, early implementation of a risk management strategy is essential if they are to find a responsible and cost effective solution. Under the new legislation, the costs of not doing so may be punitive as well as prohibitive.