Common mistakes in relation to asbestos

Common mistakes

Common mistakes when giving or taking instructions include:

  • failure to identify client's requirements/expectations: is an 'asbestos survey' required or a 'building survey' (in which asbestos is only incidentally addressed).
  • if an asbestos survey is required, failing to ensure that the client is aware of the two different types of survey, and the differences in their purpose, scope and limitations.
  • in the case of a 'refurbishment and demolition' survey, failure to understand the full scope of the proposed building works and areas that will be disturbed.
  • failure to appreciate the client's attitude to asbestos: sometimes this may be irrational, particularly in domestic situations, i.e. insisting on an asbestos-free building.
  • providing a service that is outside of the scope of your professional indemnity policy cover: many policies have specific exclusions in respect of the surveyor's involvement with asbestos, limit involvement to personnel with specific qualifications, or impose a reduced level of indemnity.

Common mistakes when completing reports include:

  • unjustified reliance on information supplied by others, without qualification (competence of asbestos inspectors; adequacy or completeness of asbestos registers or management plans);
  • referring to 'suspect materials' but without explanation as to what is suspected and the possible implications which could arise;
  • failing to recommend further specialist investigation or that advice is sought when appropriate;
  • failing to clearly identify the location and extent of the material or component (photographs are invaluable);
  • using duplicate photographs without explanation, thus casting doubt on the accuracy and veracity of the contents;
  • straying outside of the stated or implied limitations of the particular service provided (valuation, building survey, and asbestos inspection);
  • not considering the purpose of the asbestos-containing material (ACM) and thus not advising on the likely extent/spread of contamination or of the likelihood of other similar materials elsewhere (e.g. debris arising from the previous poor removal of asbestos insulation board (AIB) fire breaks within ceiling or floor voids ro random use of AIB off-cuts as spacing for reinforcement bars in reinforced concrete floors, etc.);
  • not considering the effect of air movement (forced or natural ventilation), that might have dispersed or spread the airborne asbestos fibres (e.g. contamination of ducts);
  • recommending remedial works that are not justified by reasoned assessment of the actual risks (e.g. removal of all asbestos, irrespective of type and condition);
  • being too positive when the evidence is not conclusive (e.g. distinguishing between asbestos cement and asbestos insulation board without sampling and testing).
  • not erring on the side of caution: there is a requirement to presume that a material contains asbestos unless there is reasonable evidence to the contrary.

Common mistakes when reading and interpreting reports include:

  • failing to appreciate the limitations of the inspection(s);
  • exaggeration and over-reaction to the actual level of risk;
  • failing to understand the implications of the ACMs discovered.

Common mistakes with regard to insurance include:

  • failing to appreciate the limitations of professional indemnity insurance cover: if in doubt clarify with insurer or broker;
  • agreeing to new and additional limitations on asbestos when renewing policies without considering the risk of receiving claims for past work involving asbestos, which may not then be covered.

Common mistakes when administering removal or remediation works include:

  • including asbestosd reports within tender or contract documents without further clarification, e.g. 'remove all asbestos as identified within the report' when parts of the report are based on presumptions rather than by testing samples;
  • failure to consider the presence of voids into which asbestos debris may fall and remain undetected (e.g. casings around columns or beams, cavities in the structure);
  • failure to identify and seal vertical pathways via which asbestos fibres may travel and contaminate adjacent areas or demises;
  • failure to ensure that the substitute material or component replaces all of the various essential qualities of the removed ACM;
  • failure to have considered the implications and actions to be taken in the event of the escape of airborne asbestos fibres arising from a breach of the sealed working enclosure;
  • failure to have discussed the emergency procedure with adjacent occupants.