Labour Research (July 2004)

Law Matters

New law on asbestos is being ignored

The duty to manage asbestos in non-domestic premises came into force in May, but general union GMB is concerned that many employers are not taking the new law seriously.

Kim Sunley, GMB health and safety officer, said: "Recent evidence from GMB members does little to convince us that the situation has changed much since last summer."

Research by law firm Davies Arnold Cooper has revealed that over 717,000 UK businesses (58%) have failed to carry out an asbestos risk assessment, and 37% are unaware of the new duty.

The GMB says failure to comply could be due to a number of issues, including ignorance, neglect and resources. Lack of money is a real issue for local authorities - initial compliance within schools in an average-sized local authority costs over half a million pounds - so the GMB is calling on the Treasury to give local authorities money to kick-start their asbestos management programmes.

Sunley added: "These regulations are about saving the lives of both workers and the public, and we will not hesitate to report duty holders who fail to have an asbestos management plan in place within a reasonable timeframe."

The Health and Safety Executive estimates that the duty to manage will save 5,000 lives over the next 50 years.

The GMB has produced a new guide, Asbestos - let's take control, to help safety reps check that their employers are taking appropriate action. The TUC has published a factsheet on the new duty, available at www.tuc.org.uk


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