Insights

Asbestos Seminar: How Projects Impact the Duty to Manage

Date: 07/02/25

APS Seminar featuring iON's Richard Bennion sees Unprecedented Attendance for Asbestos Awareness.

Asbestos management is a critical and often complex responsibility in construction, refurbishment and demolition. With 5,000 asbestos-related deaths reported each year in the UK, it is crucial that duty holders understand and adhere to Duty of Manage regulations, which mandate the proper identification, management and control of asbestos-containing materials.

In practice, this can be challenging. The Association for Project Safety (APS) recently hosted a highly successful asbestos awareness seminar, which attracted a record number of attendees. The APS invited Richard Bennion, Director of iON Consultants, and Sam Lord, HM Principal Specialist Inspector at the HSE, to discuss the ways in which the live construction environment can significantly impact the duty to manage and to explore the practical steps that organisations and duty holders can take to mitigate risks. The event concluded with an informative and engaging Q&A session, where an enthusiastic audience asked a wealth of insightful questions, reflecting the strong interest from industry professionals.

The Asbestos Duty to Manage regulations apply to anyone responsible for buildings that may contain asbestos. These regulations require the assessment and management of the associated risks, which may include the maintenance or safe removal of asbestos where necessary. Comprehensive asbestos surveys, the challenge of identifying hidden asbestos, and the increased risk of exposure during refurbishment projects often complicate the process.

Construction projects, by their very nature, impact the fabric of structures, so it is essential to work closely with client duty holders and carefully review asbestos data during the planning stages. Project teams must be aware of the potential presence of asbestos in structures built before 2000. Taking the time to investigate the level of asbestos information available to designers and contractors is key to managing or avoiding risks effectively.

During the APS webinar, Richard highlighted how failures in asbestos management can have significant consequences. He cited a recent project in which glazing work damaged the beading on an asbestos insulation board, leading to a RIDDOR notification for asbestos exposure. Several common pitfalls occurred before and during the project, particularly in the pre-construction planning phase and in the management of asbestos surveys.

Richard attributed a lack of clarity in the pre-construction phase to the failure to identify asbestos-containing materials and inaccuracies in reporting. He explained the importance of clients taking the time to process available data and commissioning the right surveys to cover all areas of the project, regardless of access issues or other inconveniences. Failure to carry out adequate surveys will result in gaps in the asbestos risk assessment. It is crucial to thoroughly review and understand all completed surveys to ensure their fit for purpose. Additionally, duty holders must reassess the need for additional surveys if changes arise during the design phase.

Richard reflected that the involvement of qualified personnel is key to any successful project. He pointed out that in this case, the asbestos surveyors were not UKAS-accredited, and neither the design nor construction teams had sufficient knowledge of asbestos management. All parties must receive proper training due to the significant consequences of asbestos mismanagement, and accreditation should be considered a fundamental necessity.

He concluded by explaining that during project delivery, robust monitoring procedures are essential for detecting potential risks before they occur. Unfortunately, this project fell short in this regard. Regular checks could have minimised the risk of exposure, and the involvement of an asbestos assurance specialist could have prevented the issue from escalating.

As a potent carcinogen, Sam Lord explained how asbestos remains an ongoing priority for the HSE. Many of today’s asbestos-related deaths can be traced back to installation projects in the 1970s and 1980s. Despite the ban on asbestos use in 1999, it is still very present in the fabric of countless buildings constructed before that time. The HSE's Asbestos: Your Duty and Asbestos And You campaigns aim to raise awareness of the real risks of asbestos exposure, particularly among younger tradespersons, duty holders and contractors. These campaigns have reached a staggering 25 million people through a variety of channels, including social media and webinars, which is promising for the future health of today's construction workers.

Both Richard and Sam agree that effective asbestos management relies on several factors:

Clear communication and planning

A comprehensive client brief is essential and should include commissioning surveys and documenting potential risks. The duty holder should gather all the necessary information before the project starts.

Competence and commitment to excellence

The skills, knowledge, experience and behaviour of all personnel must conform to best practices in asbestos management. This includes working as part of a team of competent designers, contractors and subcontractors. Should concerns arise regarding the potential presence of asbestos-containing materials on your project, seek guidance from an expert to ensure everyone's safety and the project's integrity.

Survey scope and design changes

It is important that you commission the right survey for your specific project. An asbestos management survey looks at the day-to-day occupation of a building, whereas a refurbishment survey is more intrusive and may require structural investigations. As the client or duty holder, you must accept that some surveys will require specialist skills and invasive work, such as working at heights or drilling into walls. If a survey returns numerous caveats, be ready to challenge them. Your survey must be fit for purpose, and it is particularly important to consider reassessments if the scope of the work changes.

Ongoing asbestos management

Ongoing asbestos management should not be neglected and is an integral part of the project. Monitoring and updating asbestos registers ensure that proper maintenance procedures are in place, which is an essential aspect of compliance with the Duty to Manage regulations. The fulfilment of these obligations may pass to the construction team to assist the duty holder for the duration of the programme, particularly in long-term projects.

Organisations can benefit enormously from the support of external and independent asbestos specialists. At iON Consultants, for example, we offer a range of services, including compliance reviews, asbestos orders, registered configuration, impartial supplier procurement, incident investigations, and bespoke asbestos training. Ultimately, we are here to give you the peace of mind you need to carry out your duties safely, competently and compliantly.

Effective asbestos management requires careful planning, competent teams and ongoing monitoring. With the right support, organisations can mitigate the risks posed by asbestos and ensure compliance. Asbestos management is not a one-off task but a responsibility that requires attention throughout the life of a building.

We would like to thank the Association for Project Safety for giving Richard and Sam the opportunity to share critical insights into asbestos management. We are pleased to report that 100% of the attendees enjoyed the session and confirmed that it met their expectations. Delegate feedback endorsed the value of the seminar, with comments such as “Excellent presentation with subject matter experts” and “A very useful and informative presentation from both speakers.” One participant noted, “Although I do not write scopes of work for asbestos surveys, it would be good to know what to look out for in the scope to ensure surveyors are aware of the exact requirements of a survey,” highlighting the desire to maintain high standards in the industry – a positive step forward.

Both APS members and non-members can view the useful Q&A session here. If you would like some impartial advice, comprehensive support or bespoke asbestos training, please do not hesitate to contact Richard and his team at iON Consultants.