Time to tackle the hidden risk

Time is running out for compliance with the Control of Asbestos at Work regulations.

Licensees now have less than a month to ensure their premises are asbestos safe or face prosecution and unlimited fines. The Control of Asbestos at Work Regulations 2002 mean that licensees have to meet the requirements of controlling asbestos in their premises by May 21, 2004.

The new legislation requires that asbestos-containing materials in a premises be located, monitored and, if necessary, removed.

Under current legislation employers already have a legal duty to prevent their staff from being exposed to asbestos but licensees will now be required to "manage the risk". This means that information on the location and condition of asbestos in their buildings will need to be available to anyone who may work on it or disturb it. For example, any person working on a site including beer dispense technicians, plumbers or electricians must have access to the information.

Under the 2002 regulations an owner, occupier or manager of a licensed retail outlet has a legal duty to manage the risk from asbestos if they are responsible for the maintenance and repair of the premises, or has a duty to co-operate with whoever manages that risk. Areas used solely as a private domestic dwelling are exempt, although this exemption does not cover any common areas and bedrooms let out for bed and breakfast accommodation.

In order to comply with the law publicans will need to ensure that they have management systems in place to provide information to those that may be at risk of exposure.

Tenants who are in control of the maintenance or repair of the pub under the terms of a lease will have responsibility for ensuring that the property is safe. If the property is not held on a lease then the owner will be responsible for ensuring the pub is asbestos-safe.

Asbestos could be present in almost any part of a pub property from floor tiles to roofing materials and in particular in older parts of the property such as the cellar.

Although the use of asbestos has been banned in construction since 1999, the government is concerned about the risk posed by an estimated six million tonnes present in buildings completed before that date. Licensees who need to have asbestos removed must have it done by contractors approved by the Health and Safety Executive (HSE).

The British Beer & Pub Association (BBPA) has published a booklet for licensees on how to deal with the new legislation. Called Asbestos at Work and endorsed by the HSE, the booklet clearly identifies all the legal responsibilities of "duty holders" in pubs.

"The guide spells out exactly who is responsible for what in freehouses, managed and leased premises and what has to be done in terms of checks and surveys to comply the regulations," says BBPA director of brewing, Dr David Long. "Essentially they are there to protect everyone who may be accidentally exposed to asbestos through their daily work as well as those who visit sites.

"The asbestos-awareness procedure for beer-dispense installations, for example, sets out the steps to be followed before starting any work in licensed premises."

For further advice see the HSE website www.hse.gov.uk.

Asbestos: the risk​

Asbestos is an incombustible, fibrous, naturally-occurring silicate material which is mechanically strong, highly resistant to heat and chemical attack and which is woven into fabrics and used for reinforcement in cement and plastics.

The fibres can divide very finely and be invisible to the naked eye. If asbestos-containing materials are undamaged, then the fibres pose no threat to health but when deterioration or damage occurs then the release of fibres poses a risk to human health.

There are three types of asbestos:

• Chryostile (white)
• Amosite (brown)
• Crocidolite (blue

All forms may cause asbestosis or lung cancer.(Information supplied by the BBPA)​

Who's responsible?​

Duty to manage:​ The duty for complying with the legislation lies with the owner, occupier or manager responsible for the maintenance and repair of the premises.

• Freehouses​ - the licensee is the duty holder
• Managed houses​ - the pub owning company is the dutyholder but may delegate day-to-day management responsibility to the licensees set out in a clearly defined policy
• Tenanted/leased houses​ - the duty holder will vary depending on the terms and conditions of a lease. Pub companies and licensees are encouraged to agree who holds the duty as soon as possible.

(Information supplied by the BBPA)​

Asbestos - where it may be​

Areas where intrusive work might disturb asbestos include:

• Asbestos may have been used in bar construction
• Some cellars may have cold room wall cladding, which could be asbestos
• Python/beer line running, hole cutting and duct provisions
• Python/beer line installation (through roof voids, floors, ceilings and false colums)
• Old electrical fuse boxes
• Floor and wall voids containing heat pipe lagging
• Voids containing sprayed insulation to steelwork
• Cladding to walls, ceiling, beams and doors to form fire protection
• Flue pipes to heating systems and some boilers pre 1985.

(Information from the BBPA)​

BBPA guide​

Asbestos at Work, the guide from the British Beer & Pub Association, is available free to download online from www.beerandpub.com. Alternatively, hard copies can be bought from the association. Write to BBPA, Brewing Publications, Market Towers, 1 Nine Elms Lane, SW8 5NQ. Tel: 020 7627 9190.

Prices will vary according to quantity sought and membership status.