Why can’t I do my own annual asbestos re-inspections?

As an individual or an organisation with responsibility for the asbestos situation at a non-domestic premises, you may be aware of the need for asbestos re-inspections, both as a legal obligation and as a vital tool for ensuring the safety of building users and occupants.

However, you might have also asked yourself whether you should undertake an asbestos re-inspection “in-house”, instead of turning to a professional asbestos surveying company. You may, for instance, have undergone asbestos awareness training and/or “duty to manage” training. So, you might confident that you can carry out your own assessment of the condition of asbestos-containing materials (ACMs) at your building.

What is true is that the guidance you may have come across in relation to this aspect of asbestos management can be vague. You are likely to have read that an asbestos survey must be carried out by a “competent person”.

However, in practice, this means that the yearly asbestos re-inspections you carry out at your non-domestic premises must always be conducted by a suitably trained, experienced, qualified, and insured provider.

In this article, we will take a closer look at the topic of asbestos re-inspections, and explain why you shouldn’t attempt to do your own such surveys.

What are the key legal requirements for asbestos re-inspection?

The legal framework that mandates regular inspections of ACMs at a non-domestic property is set out by the Control of Asbestos Regulations 2012 (CAR 2012). This is the overarching legislation for the management of asbestos in Great Britain, and it highlights the duty of the person responsible for the property (the “dutyholder”) to manage asbestos safely.

When it comes to the subject of asbestos re-inspections, Regulation 4 and Regulation 10 are especially pertinent:

Regulation 4: duty to manage asbestos in non-domestic premises

This element of CAR 2012 outlines the requirement for dutyholders to identify, assess, and manage ACMs in non-domestic premises. A vital part of this duty is the regular inspection of ACMs to monitor changes in condition or risk. Although annual re-inspection isn’t strictly mandated, it is widely recommended as a means of maintaining compliance and safety.

As a dutyholder, it is essential that you record any deterioration in the condition of ACMs at your site, in addition to updating the asbestos management plan and register. These records are crucial for a safe asbestos management system, helping to ensure the protection of building occupants from asbestos exposure risks.

Regulation 10: information, instruction, and training

This regulation stipulates that any personnel involved in asbestos-related work must receive sufficient training. This includes asbestos awareness training (Category A), as well as – for direct handling or re-inspection of ACMs – non-licensable asbestos training (Category B).

Further relevant training, such as P402 certification (Surveying and Sampling Strategies for Asbestos in Buildings), is recommended for those performing re-inspections, given that it can provide the skills needed to identify, assess, and document ACM conditions accurately. This helps to ensure that only trained individuals are responsible for the identification of hazards arising from asbestos.

The Health and Safety at Work etc. Act 1974 (HSWA)

Outside of CAR 2012, those with responsibility for managing asbestos at non-domestic premises must also be aware of Health and Safety Executive (HSE) guidelines and the HSWA.

Sections 2 and 3 of the HSWA, for example, reinforce that employers must take reasonable steps to protect the health, safety, and welfare of employees and others who may be affected by their activities. This overarching duty complements CAR 2012, putting in place a legal obligation for employers to ensure safety through the effective management of asbestos.

What level of competency and training is needed to perform re-inspections?

• As we touched on at the top of this article, you may be reading this as someone who has undergone Category A asbestos awareness training. This basic training is for anyone working near ACMs, covering health risks and the identification of asbestos. However, on its own, this training is insufficient for re-inspection work.
• This brings us onto Category B non-licensable asbestos training, and its role in preparing individuals for limited asbestos work. This training is essential for anyone who directly handles or inspects ACMs. It covers the recognition of ACM types and conditions, as well as the safe handling of ACMs without causing disturbance. Personal protective equipment (PPE) and decontamination practices are covered, too.
• For individuals performing asbestos re-inspections, BOHS P402 (Surveying and Sampling Strategies for Asbestos in Buildings) is highly recommended. This certification provides advanced training for ACM re-inspection. It covers in-depth knowledge of ACM types and conditions, as well as assessment records for risk management, and accurate documentation practices for updating asbestos registers.

In addition to the above areas of training, individuals conducting asbestos re-inspections should ideally have six to 12 months of experience with ACMs under qualified supervision. This aids the supervised individual’s efforts to develop the skills needed to recognise ACM deterioration and conduct accurate assessments.

The HSE’s Approved Code of Practice (ACOP) document under the L143 series code, on Managing and working with asbestos, provides guidance on competency for asbestos-related work. This publication highlights the importance of having sufficient training and practical experience to effectively carry out tasks involving ACMs, implying that competency is gained through hands-on practice over time.

In the case of more complex tasks, it is generally accepted industry best practice that six to 12 months of supervised experience under qualified professionals helps build sufficient competency for independent re-inspection work.

Why is professional insurance coverage crucial for asbestos re-inspection?

Given the high-risk nature of almost any work related to asbestos, it is crucial for those undertaking asbestos re-inspections to be covered by comprehensive insurance. Such coverage is imperative for protecting both the individuals and organisations involved.

Relevant insurance types include:

• Professional indemnity (PI) insurance, which covers claims of professional negligence, such as errors in assessment or omissions. If a re-inspection misses deteriorating ACMs, PI insurance can cover claims arising from exposure incidents.
• Public liability (PL) insurance, which provides protection against third-party injury or property damage due to asbestos disturbance. If unintended disturbance to ACMs occurs during a re-inspection, PL insurance safeguards against claims.
• Employers’ liability insurance (ELI), which is a legal necessity for UK employers. ELI protects against employee injury or illness, which is essential in the case of asbestos work, given the health risks an exposure incident could pose.
• Asbestos liability insurance is optional. Nonetheless, it is an asbestos-specific form of insurance, offering tailored coverage for asbestos-related risks that standard PI or PL policies may not cover.

If you were to attempt an asbestos re-inspection without adequate insurance in place, incidents from asbestos exposure or contamination could lead to severe financial strain for your business, especially if claims or legal costs arise.

What are the risks of conducting inspections without specialised training or experience?

Failing to adhere to minimum standards in asbestos re-inspections can bring about significant risks for you and your business. Those risks could include the following:

Health hazards from inadequate handling of ACMs

Anyone who has not undergone sufficient training in how to deal with asbestos can be at high risk of mishandling these dangerous materials. If this happens, loose asbestos fibres could be easily released into the air, endangering everyone on site.

The inhalation or ingestion of asbestos fibres is linked to a heightened risk of severe and often fatal diseases, such as mesothelioma and lung cancer. So, as an employer or dutyholder, this is a risk that you need to take extremely seriously.

Legal and financial liabilities

An inaccurate or insufficient asbestos re-inspection can drive up the risk of people in the building being exposed to asbestos fibres in the future. This, in turn, could lead to costly legal claims for your organisation.

Businesses without sufficient insurance face direct financial liability for asbestos decontamination, legal fees, and potential health claims. So, asbestos re-inspection is not a task where you will want to risk mistakes being made, which can so easily happen if you try to carry out such a survey on an uninsured, “amateur” basis.

Compliance failures

Poorly conducted re-inspections can lead to non-compliance with the aforementioned vital elements of UK health and safety law, including the HSWA and CAR 2012. As a result, your business could be open to regulatory action by the HSE, including Improvement Notices, Prohibition Notices, and fines.

What are the consequences of an incorrect asbestos re-inspection?

Serious consequences can arise from inadequate asbestos re-inspections – such as:

Health risks to building occupants and workers

Misidentifying or overlooking ACMs increases the risk that someone will be exposed to those ACMs on the premises in the future. An inadequate and “amateur” asbestos re-inspection, then, could endanger everyone at your non-domestic premises – including employees – and not just the person who is undertaking the re-inspection.

HSE penalties and fines

Non-compliance with CAR 2012 can lead to unlimited fines and potential prosecution. Recent cases have seen fines of more than £100,000 for serious breaches, and individuals found to be responsible for gross negligence may face imprisonment.

A negative impact on business operations and reputation

You only need to have a quick look through our industry news section on the Oracle Solutions website, to see that HSE enforcement actions and publicised incidents can impact on business reputation. Furthermore, those enforcement actions themselves – such as Prohibition Notices – can halt work, affecting day-to-day, week-by-week, and month-by-month operations.

This is before one accounts for how cleanup and compensation costs following asbestos contamination incidents can significantly strain financial resources, particularly for businesses without insurance coverage.

Conclusion: why trusting professionals is essential for asbestos re-inspection

As this article will have hopefully made clear, while it may be tempting to try doing your own asbestos re-inspections – not least to cut costs – those savings could be dwarfed by the severe financial, legal, and health risks you take by going down this path.

The reality is that the UK’s current asbestos management regulations are very stringent. Key elements of legislation such as the HSWA and CAR 2012 demand rigorous training, practical experience, and comprehensive insurance coverage for anyone who performs asbestos re-inspections.

So, by ensuring your compliance with CAR 2012 and HSE guidance, you can greatly help to protect your business, and the health of everyone who may come into contact with your non-domestic property. Such efforts will enable you to minimise the risks of asbestos exposure incidents, regulatory penalties, and legal liability.

On the other hand, failing to meet such standards can lead to perilous consequences, including financial penalties, reputational damage, and even criminal charges.

To put it another way: ensuring that only trained, experienced, and insured professionals conduct asbestos re-inspections at your site will be essential for protecting public health and maintaining the viability of your business.

To learn more about our expertise in asbestos re-inspections at Oracle Solutions, and to book this service for your premises, please contact us for a quote today.