Legal Asbestos Issues Richard Ford, Partner Pinsent Masons

Asbestos – An Overview Naturally occurring fibrous silicate mineral Crocidolite (Blue Asbestos) Amosite (Brown Asbestos) Chrysolite (White Asbestos) Key Types Used in Construction Sprayed Insulation (pre-1974) Asbestos Insulation and Insulating Board (pre-1985) Asbestos Cement (pre-1990)

Asbestos and Health Asbestos related diseases are killing 5000 people a year in the UK Increased claims against companies and insurers There is no cure for asbestos related diseases.

Property Management – Statutory Compliance Key Drivers for Change Increasing illness and death toll Better information needed to ensure that high risk areas are managed and maintenance contractors protected Requirements for definition of responsibilities (Landlord/Tenant and on sales and purchases) Insurance claims and risk premiums

Property Management – Statutory Compliance The Control of Asbestos at Work Regulations 2002 (The “Duty to Manage” Regulations, 2002) Explicit duty on those responsible for buildings to manage risk Where necessary surveys should be undertaken Implement a management plan to control risk Cost of compliance estimated to be up to £6 billion Explicit duties will increase the number of prosecutions for non-compliance Quality issues associated with asbestos consultants/contractors

Property Management – Statutory Compliance Definition of Duty Holder Onus on the “employer in occupation”, unless owner is responsible for building maintenance and repair Tax relief for works?

Conclusions Implement Management Plan (electronic database) Put in place rolling plan to survey properties Check lease covenants Check insurance position