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  • Construction Workers and Asbestos: Exposure and Legal Rights

    Asbestos is one of the most serious long-term health risks in construction. In the UK, asbestos containing materials (ACMs) have been fully banned since 1999. But older buildings still contain asbestos. 

    Work such as demolition and repair in these buildings can disturb ACMs and expose people to asbestos fibers. This is where much of the risk comes from today. 

    Understanding where exposure happens and the harm it can cause is essential for protecting workers and enforcing legal rights.

    How Asbestos Still Affects Construction Workers

    Asbestos containing materials were widely used in UK buildings until it was fully banned in 1999. Large numbers of schools, offices, homes, and industrial sites built before this date still contain asbestos 

    Asbestos exposure often occurs during everyday construction activities, not specialist removal work. Many incidents happen when asbestos is damaged by accident.

    Refurbishment and demolition of older buildings present the highest risk. Asbestos may be present in walls, ceilings, roofs, etc.

    Routine tasks such as drilling, cutting, or replacing fixtures can also disturb asbestos. This puts electricians, plumbers, joiners, and general labourers all at risk during minor works.

    Common materials include asbestos insulation board, cement sheets, pipe lagging, sprayed coatings, and floor tiles. These materials can release fibres when broken or drilled.

    Asbestos is sometimes discovered after work has started. This can happen when hidden materials are uncovered mid-project. Poor communication at this stage increases the risk of exposure.

    Employer Duties Under UK Law

    UK law places clear duties on employers to protect workers from asbestos. These duties apply to clients, contractors, and those in control of buildings. Employers must identify asbestos risks, assess them, and prevent exposure. Where exposure cannot be avoided, it must be reduced as far as reasonably practicable.

    Training also forms part of these duties. For many roles, this includes asbestos awareness training to help workers understand risks and avoid accidental exposure.

    Health Risks Linked to Asbestos Exposure

    Asbestos fibres are dangerous when inhaled. They lodge deep in the lungs and remain there for life. Illness often develops many years after exposure, which makes early awareness vital.

    Mesothelioma

    Mesothelioma is a cancer of the lining of the lungs. It is almost always caused by asbestos exposure. There is no cure and survival rates remain low.

    Asbestos exposure also increases the risk of lung cancer. The risk is higher for workers who smoke, but non-smokers are still at risk.

    Asbestosis

    Asbestosis is a long-term lung condition caused by scarring of lung tissue. It leads to breathlessness and reduced lung function.

    Delayed Symptoms

    Symptoms often appear decades after exposure. This delay means workers may not link illness to past construction work until much later.

    Construction workers have legal rights designed to protect their health and safety. These rights apply whether a worker is employed directly or working through a contractor.

    Right to a Safe Working Environment

    Workers have the right to work in conditions where asbestos risks are controlled. This includes proper planning, safe systems of work, and suitable protective measures.

    Right to Information and Training

    Workers must receive clear information about asbestos risks on site. This also includes access to support, such as with mental health courses that provide awareness of mental health and how to respond appropriately.

    Right to Proper Surveys and Assessments

    Before work starts, suitable asbestos surveys must be carried out. Workers have the right to expect that survey findings are shared and followed.

    Right to Stop Unsafe Work

    If asbestos risks are not controlled, workers have the right to stop work and report concerns without fear of punishment.

    What to Do If Exposure Is Suspected

    Suspected exposure should be treated as a safety incident. Quick action helps limit further risk and creates a record if health issues develop later.

    Stop Work and Control the Area

    Work should stop at once. The area should be kept clear to prevent further disturbance. If dust has been created, nobody should sweep, vacuum, or blow it away.

    Report It to the Site Supervisor

    The concern should be raised with the site supervisor or principal contractor. The incident should be logged. If there is an asbestos register or survey, it should be checked.

    Get Competent Advice

    A competent person should assess the material. This may involve an asbestos surveyor or specialist contractor. Samples should only be taken by trained people using safe methods.

    Record What Happened

    Details matter. Workers should note the date, location, task, and who was present. Photos can help if safe to take them. If the employer keeps an exposure record, a copy should be requested.

    Seek Medical Advice if Symptoms Appear

    There is no test that can confirm asbestos exposure straight away. A GP can advise and record the concern in medical notes. This record may help later if illness develops.

    Making a Compensation Claim

    Compensation claims can apply where exposure happened due to failures in legal duties. Claims vary depending on whether a worker has a diagnosis or is claiming for a past exposure that led to harm.

    When a Claim May Apply

    A claim may be possible if asbestos exposure occurred due to poor planning, missing surveys, unsafe methods, or lack of information. Claims are more common once a diagnosis exists, such as mesothelioma, lung cancer, or asbestosis.

    Who Can Be Held Responsible

    Responsibility may sit with an employer, contractor, client, or building duty holder. It depends on who controlled the work and who failed to manage asbestos risk.

    Evidence That Supports a Claim

    Useful evidence can include work histories, site records, survey reports, training records, witness statements, and medical notes. If an incident report exists, it can also help.

    Time Limits

    Time limits often run from the date of diagnosis rather than the date of exposure. This is because asbestos illness can take decades to develop. Legal advice is still important as early as possible because rules vary by case.

    Claims After Death

    Families may be able to claim if a worker dies from an asbestos-related disease. This may include claims through the estate or as dependants.

    Why Training Matters on Site

    Many asbestos incidents happen because workers do not expect it. Training supports safer decisions and faster reporting.

    It helps workers spot common asbestos materials, understand high-risk tasks, and avoid actions that spread fibres. It also supports better site culture, where workers speak up when something looks wrong. Training works best when it links to site checks, clear supervision, and clear stop-work rules.

    When Dust Settles

    Asbestos risk does not end when a job finishes. The harm often shows up years later, long after a worker has moved on.

    Construction workers need clear information, safe planning, and the right to stop unsafe work. Employers need to control the risk before anyone starts cutting, drilling, or stripping out. When asbestos is suspected, the safest step is to stop and get competent advice.

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