Asbestos in Farm Buildings

by James on 15/10/2010 in Insurance Industry News, Property Insurance

Asbestos containing materials were banned in 2006 in all new builds.

In 2006, the Control of Asbestos Regulations brought together three previous regulations regarding the management of asbestos in buildings. These regulations banned the use of Asbestos Containing Materials in all new builds.
This regulation requires employers and others – “dutyholders” to have effective arrangements in force for the management of asbestos in buildings for which they have control.

This means that, even though you may not own your farm, you may still be responsible for managing the risks arising from the presence of asbestos-containing materials in your premises. This responsibility may arise through a Contract of a Tenancy Agreement e.g. a full repairing lease.

The Regulations require the dutyholder to:

• Investigate whether Asbestos Containing Materials are present
• Check their condition
• Carry out a risk assessment
• Prepare a written plan specifying the measures to be taken to manage the risk
• Inform anyone who might disturb the Asbestos Containing Materials, or who might work on the material, of its presence
What do you need to do?

Find – you must carry out a risk assessment of your premises. Draw a plan of your farm buildings and mark the presence of asbestos.

Identify – if you are unsure of the type of asbestos or you are proposing to carry out any work on the buildings, arrange for samples to be taken using a UKAS accredited laboratory.

Condition – you must check what condition the material is in. Decide whether the asbestos should be removed or sealed, taking into consideration its location and condition.

Remove – arrange for any removal to be undertaken only using a licensed contractor.

Inform – inform employees and contractors of the presence of asbestos and make sure they do not disturb it

Record – keep a register and check the condition of the asbestos regularly by inspecting it.

Other implications of asbestos in farm buildings relating to insurance

The Employers’ Liability (Compulsory Insurance) Act 1969 makes it compulsory for all employers to insure against liability for injury or disease to employees arising in the course of their employment. It is also a requirement to retain either a paper or an electronic record of your insurance for 40 years. Asbestosis and mesothelioma disease can be present for many years before manifesting themselves. There are over 3000 deaths every year as a result of asbestos related illnesses. A claim against a former employer can arise many, many, years after their employment ceased – do you hold Employers’ Liability Insurance? The removal of asbestos costs approximately 4 times the cost of removal of other building waste. If you had a serious fire today, would your sum insured on your farm buildings be sufficient to not only rebuild your farm buildings but also pay for architects and surveyors fees and the removal of asbestos?

Health and Safety Regulations state that all buildings containing Asbestos Containing Materials should be identified with an appropriate sign. In the event of a serious fire, the Fire Brigade would be unable to enter a building if there was a possibility of asbestos materials being present. Even with breathing apparatus, they would be helpless and would have to stand and watch your livelihood go up in smoke.

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