Twenty schools given HSE improvement notices because of their inadequate control of asbestos

Asbestos problems have been found at 20 independent schools by the Health & Safety Executive resulting in the issue of improvement notices from the HSE because of inadequate control of asbestos hazards.

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Many schools and other public sector buildings were built under the CLASP (Consortium of Local Authorities Special Programme) scheme. CLASP was a kind of 'system build' approach used by many local authority and public sector construction projects from 1957 onwards which incorporated standardised specifications, designs and components, including extensive use of asbestos which was only finally banned in the UK in 1999.

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Sara Hunt, Partner, Access Legal

Asbestos problems have been found at 20 independent schools by the Health & Safety Executive resulting in the issue of improvement notices from the HSE because of inadequate control of asbestos hazards.

HSE inspected a sample of 153 non-local authority schools between April 2013 and January 2014. These included independent, voluntary aided and foundation schools, free schools and academies. The majority of schools inspected (71%) required either no further action or were given straightforward, simple advice.

However, 29% (44 schools) received written advice from HSE, and 13% (20 schools) were subject to enforcement action in the form of improvement notices. A full list of the schools inspected by the HSE and the results of those inspections is available online at:www.hse.gov.uk/services/education/asbestos-management-1314.htm.

Geoff Cox, the head of HSE's public services sector, said:

"Schools should not be under any illusion – managing asbestos requires ongoing attention. Schools now have access to a wealth of guidance setting out clear and straightforward steps to achieve and maintain compliance. Where duty holders fall below acceptable standards, HSE has taken, and will continue to take, enforcement action."

Sara Hunt, a partner with Access Legal specialising in asbestos related illness and mesothelioma claims, gave a series of radio interviews to BBC and commercial local radio stations throughout the UK on the topic of Asbestos in Schools in February 2014. Click on the image below to listen to the inteview.

She explained that asbestos can be present perfectly safely within a building if it is not damaged or disturbed and is managed, maintained and monitored appropriately. Such control and management is vital to prevent asbestos fibres being released, especially in buildings built in the post-war period in which asbestos was most heavily used:

"Many schools and other public sector buildings were built under the CLASP (Consortium of Local Authorities Special Programme) scheme. CLASP was a kind of 'system build' approach used by many local authority and public sector construction projects from 1957 onwards which incorporated standardised specifications, designs and components, including extensive use of asbestos which was only finally banned in the UK in 1999."

The HSE improvement notices set out a requirement for the schools to improve arrangements for managing asbestos, highlighting failures such as inadequate staff training and not producing written management plans. It should be noted that these actions are stipulated because they are elements of the required control measures.

There was no suggestion that staff or pupils at any of the schools were at significant risk of exposure. The key group of personnel at risk from asbestos exposure remains tradespeople (janitors, plumbers, electricians and building workers) involved in maintenance activities.

However Sara Hunt notes that an increasing number of people are presenting with mesothelioma and other asbestos-related diseases as a result of secondary exposure – e.g. a wife who washes her husband's contaminated work overalls.

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