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Clydebank Asbestos Group contribution to consultation paper Proposals for revised Asbestos Regulations and an Approved Code of Practice [19 January 2006]

Clydebank Asbestos Group would like to register strong objections to the proposed relaxation in the laws protecting the public from asbestos announced by the Government. If implemented this will see families and workers facing increased risk of asbestos exposure. The proposed change confirmed in the draft publication of the consultation document cause this Management Committee and our membership to be greatly concerned at any weakening of asbestos regulations which are in place to protect workers and the public. The changes suggested in the proposal devalue the outstanding efforts of trade unions; asbestos victims support groups, trade associations and others who worked so hard to put the Control of Asbestos at Work Regulations 2002 in place. Included in this is the sterling work carried out by HSE personnel who played a leading role in securing this positive change. We feel that the proposed change increases the possibility of exposures to asbestos particularly in domestic settings where children are more likely to be present.

The changes, suggested to the Control of Asbestos at Work Regulations, in HSC consultation paper Proposals for revised Asbestos Regulations and an Approved Code of Practice will see decorative textured coatings containing asbestos taken off the list of materials that only licensed contractors can remove. If the amended regulations come into force next year as planned it will mean that any contractor will be able to remove textured coatings containing asbestos, irrespective of adequate training, supervision or insurance.

The opportunity presented by new proposals from Brussels, intended to increase worker protection from asbestos, are being utilized to relax UK regulations. This is unacceptable.
It is widely acknowledged that textured coatings containing asbestos can currently be found in homes, schools and businesses across the UK. By removing the duty to supervise and enforce standards relating to the removal of textured coatings, it could be argued that the HSE has found a way to reduce its workload while putting the public and workers at risk.

Asbestos removal experts, contractors and trade unions have expressed their concern about the increased risk to workers and families that will arise from this downgrading of protection currently available. Clydebank Asbestos Group would like to register within this consultation process that we agree with the body of opinion opposed to the proposed change.

These proposals are based on a limited study of the removal of textured coatings carried out by licensed contractors under the current controlled conditions. No research has been carried out to assess the level of risk that would result under the new, relaxed and unsupervised conditions for removal.
The main objective appears to be cost cutting rather than protecting workers and families. Contractors without qualifications, supervision or insurance should not remove these materials.

Ultimately, the people that will suffer will be workers, repeatedly exposed to asbestos without proper protection. We are also concerned that families who engage contractors to remove textured coatings from their homes will also unknowingly expose themselves to asbestos dust resulting from the relaxation in regulations. In the event of asbestos exposure homeowners and others will be left without redress, since contractors will not be properly insured.

Worker protection should mean just that, not stripping them of protection. If the proposed change goes through as planned workers and families will be put at increased risk.

We would prefer that the HSE took a tough line on prevention instead of having to fund inquiries into illnesses.

With asbestos there is no such thing as a low risk. Clydebank Asbestos Group calls for a zero tolerance policy wherever there is asbestos present. We need to retain and defend asbestos regulations that protect workers and the public. These proposals take us in the opposite direction.

In the main, textured coatings will be removed from residential properties in which children live, the proposed relaxation in methods of working with textured coatings is likely to put children at greater risk than if the present procedures are not relaxed. As an organization which campaigns for the rights of asbestos victims our critical concern is that children are particularly at risk from exposure to asbestos as a result of the proposed changes.

The government through its agencies HSC/HSE has a responsibility for the health and safety of workers; this cannot be served by letting unlicensed, untrained workers remove asbestos-containing products such as those scheduled for delisting

The consultation paper sets out a consultation period of three months. The regulations are set to be implemented in April 2006 and will come into force in October 2006. In view of the complexity of the suggested changes and the fact that the merging of different regulations the consultation period requires to be extended in order that more scrutiny than is allowed at present within the limited consultation period can be given to these matters. We request that the consultation process is extended and further study is carried out with additional opportunity for participation in the consultation exercise.
Clydebank Asbestos Group wishes this statement to be included in the consultation process and published accordingly.

The Hazards Campaign, c/o Greater Manchester Hazards Centre, Windrush Millennium Centre, 70 Alexandra Road,
Manchester, M16 7WD . website www.hazardscampaign.org.uk