UK regulator pushes for better asbestos management in schools

13 May 2024

Asbestos is far more widespread in schools than many might think, so much so that it has become a key issue for the Health and Safety Executive (“HSE”), the UK’s health and safety regulator.

According to government research, asbestos is still present in around 80% of state schools. There are no comparable figures for independent schools, but a total ban on the material only came into force in 1999, meaning any school built before 2000 has an asbestos risk.

The dangers of asbestos are well known, especially to children who are exposed at a young age, which is why the HSE recently launched an investigation into the management of asbestos in schools.

7% of schools inspected as part of the investigation were issued with enforcement notices for significant failings in their asbestos management systems.

Schools have a legal duty of care when it comes to managing asbestos, and in publishing its findings last year, the HSE listed several common areas for improvement:

• Schools need to have up-to-date site surveys showing the location of asbestos throughout the school site and highlighting areas which have not been surveyed. Unsurvey areas must be presumed to contain asbestos.
• Where surveys do highlight areas where action needs to be taken, a schools’ asbestos registers must clearly indicate whether this action had been completed.
• Schools must have an asbestos management plans specific to each site.
• Where asbestos containing materials have been identified, the condition of these materials need to be regularly monitored by the school.
• For any work being done, schools need to ensure contractors provide risk assessments, method statements, and evidence of asbestos awareness training.

Schools continue to be a key area of focus, and the HSE will continue to carry out inspections to check how asbestos is managed. The regulator launched a new campaign for 2024: “Asbestos – Your Duty” to raise awareness of the dangers of asbestos and the legal duty to manage asbestos in buildings.

While no school has been directly prosecuted by the HSE for asbestos failings, it is likely only a matter of time.

Three recent HSE prosecutions clearly show the regulator will not tolerate any failings on the part of duty holders:

• Last month, the HSE fined a company £30,000 and its director £5,000 for the unsafe removal of asbestos from multiple premises, including a school gymnasium and sports hall.

The company was found to have had little to no control measures in place to protect its own workers, or pupils and staff at the school from exposure during the removal of asbestos. The HSE found asbestos debris around the school, which then had to engage a licensed asbestos contractor to undertake an environmental clean.

• A company director was recently jailed for 8 months after pleading guilty to charges relating to a lack of adequate management of the removal of asbestos containing materials.

The company knowingly arranged for asbestos insulating boards to be removed by workers who were unqualified to do the job during refurbishment works to student accommodation. His co-director also received a 4-month suspended sentence and the company itself was fined £30,000.

• A company director was personally fined £75,000 and ordered to pay costs of nearly £19,000 for exposing workers to asbestos.

The director also received a custodial sentence of 20 weeks, suspended for 12 months, and the company itself was fined £20,000 and ordered to pay nearly £19,000 in costs.

The HSE discovered the unsafe asbestos practices while inspecting a demolition site following an unrelated complaint. It found the asbestos removal work was carried out under the direct control and instruction of the company director, who was fully aware of the risk of asbestos, as he had previously obtained an asbestos demolition survey.

Key Contacts:

Rhiannon Willimont, Solicitor                      Jonathan Edwards, Head of insurance and Risk

rwillimont@hcrlaw.com                                      jmedwards@hcrlaw.com