Asbestos was once hailed as a wonder material thanks to its durability, heat and fire resistance, and insulating properties. However, it is now widely recognised as a significant health hazard, linked to serious illnesses such as mesothelioma, lung cancer, and a lung disease called asbestosis.
Despite being banned in the UK since 1999, asbestos-containing materials (ACMs) can still be found in many buildings constructed before 1999 – especially those built between the 1940s and 70s. The presence of ACMs poses an ongoing risk to employees, construction and maintenance workers, and members of the general public.
Asbestos registers are an important health and safety measure. They help keep a record of ACMs in a building, ensuring workers are made aware and adequately protected from them. If you’ve been exposed to ACMs during your work, and weren’t properly protected from them, including if an asbestos register wasn’t provided or wasn’t kept up to date, you may be liable to make an asbestos-related compensation claim.
Read on to find out what an asbestos register is, employer negligence and asbestos risks, and your rights concerning asbestos compensation claims and mesothelioma claims.
What is an asbestos register?
An asbestos register is a document that records the presence, location and condition of asbestos-containing materials (ACMs) within commercial and industrial buildings. Its purpose is to provide clear and accessible information to employers, employees and contractors about the presence or potential presence of ACMs.
The register needs to include details on:
- The type of asbestos-containing materials identified or that could be present (for example, chrysotile, amosite, crocidolite).
- The exact locations of the ACMs within the building.
- The condition of the AMCs (whether intact, damaged or deteriorating).
- An assessment of the risk of exposure during normal activities or planned work i.e. the risk of the ACMs releasing fibres during the day-to-day use of the building.
By maintaining an up-to-date asbestos register, organisations that own buildings can ensure that anyone working in or on the premises is aware of any asbestos-related risks and can take appropriate precautions against them.
Why is an asbestos register important for workplace safety?
The Control of Asbestos Regulations 2012 legislation places a legal duty on employers and property managers to identify and manage asbestos risks within their premises. An asbestos register is a vital part of this responsibility, serving several important functions:
- Risk management: The register helps employers assess and control potential exposure risks, reducing the likelihood of asbestos-related incidents, and ensuring compliance with health and safety regulations.
- Worker protection: Contractors, maintenance staff, and other employees rely on the asbestos register to plan safe working practices. For example, it can help them avoid disturbing ACMs during refurbishment or demolition projects.
- Legal compliance: Failing to maintain an asbestos register can result in hefty fines and legal action for non-compliance. Regularly reviewing and updating the register demonstrates an organisation’s commitment to health and safety.
- Aiding emergency planning: Should ACMs be accidentally disturbed, the information in the register allows for swift and informed action to be taken to minimise exposure risks.
What happens when asbestos registers are neglected?
Asbestos registers need to be living documents that are periodically reviewed and continually updated. More ACMs may be discovered over time or found in new locations, or the condition of those ACMs may deteriorate.
Neglecting to maintain or update an asbestos register can have serious consequences, both for the health of individuals and for an organisation’s legal standing. Without an accurate register, workers and contractors may unknowingly disturb ACMs, releasing harmful fibres into the air. Prolonged exposure to these fibres can lead to life-threatening illnesses, often decades after the initial contact.
From a legal perspective, failing to maintain an asbestos register is a breach of the Control of Asbestos Regulations. Employers or property managers found negligent in their duties may face enforcement actions, fines, and civil claims. For affected workers, this negligence can provide grounds for asbestos compensation claims if they develop an asbestos-related illness.
Neglecting an asbestos register not only risks workplace asbestos illnesses, harming and endangering lives but also damages trust and reputation. A robust and up-to-date register is not just a legal requirement, it’s a moral imperative to protect everyone who enters the premises.
What are your rights if you’ve developed an asbestos-related illness?
If you’ve been diagnosed with an asbestos-related illness, such as mesothelioma, asbestosis or asbestos-induced lung cancer, you may be entitled to compensation. The asbestos register can play an important role in establishing liability by demonstrating whether an employer or property manager fulfilled their duty to identify and manage asbestos risks.
Under UK law, employees have the right to work in a safe environment. When an employer fails to meet this obligation, and an individual’s health suffers as a result, legal action can be taken. If you’ve been made ill due to exposure to an asbestos-containing material and your employer was negligent, it may be your legal right to seek compensation. This would help cover medical expenses, loss of earnings and the emotional toll of living with an asbestos-related illness.
How can Injury Lawyers 4u support you?
We specialise in handling industrial disease compensation claims, including workplace asbestos illness claims and providing legal help for asbestos victims. If you’ve been made ill from asbestos exposure at work, and you believe your employer was negligent, we can help you secure the compensation you deserve.
At Injury Lawyers 4u, our legal team can help you with filing an asbestos-related claim and navigating the legal process to secure fair compensation, including for mesothelioma claims and asbestosis compensation. Our no win, no fee promise means you won’t have to pay any upfront costs and you won’t be charged if your claim isn’t successful.
Call us on 0333 400 4445 or fill in a contact form and we’ll get back to you promptly.