Asbestos surveys

The effects of diseases arising from asbestos may not appear for many years after exposure and in many types the effect is progressive, with the risks increasing proportionally according to the number of exposures.

Consequently it is important to detect the signs of respiratory difficulties, often the first indication of asbestos diseases, as soon as possible. There is no known cure for the diseases but action can be taken to prevent future further exposure which might worsen the effect.

Regulation 6 of CAR 2012 requires that employers must first carry out an assessment of all work which is liable to expose their employees to asbestos.

Regulation 22(1) requires every employer to maintain a health record for every employee who is exposed to asbestos and ensure that this is kept available for at least 40 years from the date of the last entry. This is without qualification.

Regulation 22(2) requires that each of these employees is kept under medical surveillance, including periodic medical examinations every 2 years minimum.

Both of these requirements apply in all circumstances, except in those situations which by virtue of the degree of exposure and/or the nature of the works, falls within the exceptions set out in regulation 3(2). There are similar requirements for works that are non-licensed but notifiable (NNLW). See What are the changes arising from the 2012 Regulations?

In practice, this is only likely to apply to asbestos workers and only those who are required to enter enclosures or areas where asbestos removal or treatment works are being undertaken where the levels of fibre release are likely to exceed action levels.

This requirement applies irrespective of the wearing of appropriate personal protective equipment.

Notwithstanding the above, it may be prudent for the employer to require any employees who will undertake asbestos surveys to have a medical examination to check for any pre-existing conditions that could manifest themselves during their period of employment. This will help identify existing or prospective employees who may be at greater than average risk of contracting asbestos-related diseases.

The medical examinations that are routinely conducted for such purposes are not foolproof but they are relatively cheap, readily available and are accepted as the standard in the industry. Those for notifiable non-licensed works are less onerous than for licensed works.