- Mesothelioma is a rare form of cancer that’s only caused by exposure to asbestos. It can occur in the pleura, where it may cause shortness of breath or chest pain, or the peritoneum (the lining of the abdominal wall), where it may cause intestinal obstruction.
- Asbestosis is a type of scarring of the lung caused by asbestos fibres which have lodged in the lungs after being inhaled from the air. The scarring causes the lungs to shrink resulting in breathlessness.
- Exposure to asbestos can increase the risk of developing lung cancer. A very important point is that asbestos exposure and smoking act together to produce a huge risk of lung cancer in people exposed to both hazards.
Legal Advice
The regulation I would recommend is the Health and Safety at Work Act formed in 1974 which refers to ‘securing the health, safety and welfare of persons at work’ and ‘protecting persons other than persons at work against risk to health and safety arising out of or in connection with the activities of persons at work’ (HSE, 2012). This is because the act provides detailed regulations concerning employer’s and employees’ responsibilities to create a safe work environment that does not put anyone at risk of losing their health and life.
An employer is obliged to provide a safe working environment for employees. It includes safe premises at which employees operate as well as equipment materials that workers use to perform their duties. It states that information, necessary training, research and detailed examination of areas where health is at risk is not only HSE’s, but also employer responsibility (HSE, 2012). Information and training are an absolute minimum to ensure that workers are aware of how to protect their health while at work. Marchington (2008) says that the act also describes the tools of control for inspectors, such as improvement notices, prohibition notices and prosecution. Also HSE (2012) continues to say that a very important fact is that employer is obliged to form a written regulation describing company’s policy towards health and safety at the workplace.
Since employees are usually not the only persons, who use an organisation’s plant and facilities, the act also regulates an employer’s duty towards contractors, subcontractors, visitors and general public. An employer takes responsibility to ensure that the premises, equipment and other facilities available for non-employees do not put those who are not members of an organisation at risk of losing health or life. This regulation would also apply to employees.
In the case of Bolton Wanderers employees, volunteers and general public are being exposed to asbestos. However, it is not a case of negligence of the employer that put their health at risk. Employers reacted on the problem of a roof space and that how the asbestos’ presence is revealed, therefore it is not only asbestos that is the problem, but dealing with it is the issue. The first action that should take place by the club’s authorities is to announce that asbestos has been present at the premises, what danger people have been exposed to and what the club is going to do about it. Also, considering it was found on the premises of a football club, there could be many potential victims of the substance. At the moment, it was proven that the roof of volunteers’ meeting house contains asbestos, therefore the individuals are immediately exposed to the material where volunteers and members of the staff who work in that building. Those are the people that have to be informed about the problem in the first place and also, a formal letter should be issued to anybody that the problem concerns.
It is recommended to gather all players, volunteers and employees in the meeting and communicating the issue. Within the meeting, it should contain information about asbestos, possible consequences, solution proposal and a promise of possible compensation from the club in case of illness connected to the situation. According to HSE (2012), a person is in danger only if she or he is exposed to asbestos on a daily basis and work directly with the material, the longer the time of the exposure, the higher the risk. Diseases are unlikely to result from a single, high-level exposure or from a short period of exposure to lower levels. Therefore, the public who comes to watch games, children who play occasionally or random shoppers should not be in danger. Also, the local community should be informed about the problem in writing via books and leaflets and if possible, representatives should be invited for the meeting.
IET (2012) says that each regulation of HASAWA contains a phrase: ‘so far as is reasonably practicable (SFAIRP)’. As Health and Safety Briefing No.17 (2009) states: ‘practicable infers a statuary obligation that has to be carried out if, in the light of current knowledge it is feasible, irrespective of costs or difficulty. The condition is a legal term for: if something is possible to do, a duty holder is obliged to do it, if it concerns Health and Safety issue. HSE (2012) defines SFAIRP as the problem as a proportion of what is possible to do to solve the problem or reduce the risk to the costs of actually performing the action. For Bolton Wanderers, it is human life that is at stake (employees, volunteers, fans and children) and the club should do everything that is possible to protect their health. This would include immediate examination throughout the premises and removing asbestos even for the price of temporary closing the stadium.
A duty holder in this case is Bolton Wanderers FC and it is its social responsibility to take any actions necessary to protect health and lives of not only its employees, but also local community members and any visitor that can be found on the premises. The consequence of not taking immediate action by the club can result in accusation of negligence and causing damage in human health and life, on a basis of public liability. Kelly (2011) says that public liability is connected to a law of tort, which states that an applicant can claim if s/he is able to prove that damage on his/her health was caused in result of respondent’s not fulfilling duty of care. Also, the claimant can sue if the defendant owed him/her a duty of care and that there has been a breach of that duty.
In the case of Bolton Wanderers, the club is responsible for ensuring the premises are safe for employees and the public. Also, not removing asbestos and not informing people about the problem could be seen as a breach of duty of care. The applicants are likely to be victims suffering from mesothelioma, lung cancer and asbestos which may result in death. HSE (2012) says that The Control of Asbestos Regulations 2006 regulates laws concerning the prohibition of asbestos, the control of asbestos at work and asbestos licensing. They also state that import, supply and use of all forms and types (white, blue and brown) of asbestos are banned as well as all the products such as cement sheets, boards, tiles and panels, which have been covered with paint or textured plaster containing asbestos. It is important to notice that a ban concerns items produced after the ban was issued.
Procedural Advice
According to London Hazard Centre (2012) under the law of The Management of Health and Safety at Work Regulations 1992, to fully be aware of the extent of the issue, a risk assessment would need to be carried out. HSE (2012) defines risk assessment as ‘a careful examination of what, in your work, could cause harm to people so that you can weigh up whether you have taken enough precautions or should do more to prevent harm”. There are five steps to carry out this risk assessment:
- The first step is to identify the hazard. In this case, it is clear that the hazard is the roof space that contains asbestos which reacts with air and that is transferred into the atmosphere.
- The second step is to evaluate how many people can put at risk of inhaling it. The immediate possible victims of asbestos are workers and volunteers that operate in that particular building. In addition, although less people, members of general public might be exposed to asbestos.
- The third step is for the company to acknowledge that other roofs and installation can also be faulty and contain asbestos and people are not random visitors, but spend much time at the premises. The substance is toxic and health and lives of those who inhale it are in danger.
- The club has already decided to take actions and evacuate the building until the problem is fixed, which also covers the fourth stage (record findings and implementation).
- The last stage is reviewing the assessment and updating it if necessary, which will be done with the problem. The key issue in that matter is that all other roofs have to be examined whether they are broken. It is reasonable to assume that if one building contains asbestos, others, including electric installation and plumbing may contain it as well.
Conclusion
According to HSE (2012), asbestos is not active if not exposed; therefore, there is no need to remove it from the premises. The important thing is to examine the premises regularly and gradually remove asbestos. Bolton Wanderers FC is the owner of the premises, in which asbestos was found, therefore the organisation has to ensure the substance is controlled and the plant is properly maintained. Evaluating how much asbestos the premises contains what type of substance it is and locating it should be a priority. In addition, the management is responsible for examining the condition of all the buildings. If any part of the building is damaged, it would have to be fixed and possibly get the asbestos removed. Also, a detailed plan concerning all actions taken is necessary and should contain actions planned, their practical implementation and tools such as qualified specialists who have a licence to manage asbestos.
Moreover, a plan should state a progress expected as well as regular checkups conveyed by licensed inspectors. The document is crucial in case of any claims against the organisation from employees and public members, who may sue the company concerning potential health damage. It will be evident that necessary actions were to be taken immediately after identifying a problem and that the company is not guilty of negligence with possible health damaging result. If found guilty, the organisation would be obliged to pay compensations to any individual or group who claimed it which can destroy Bolton Wanderers FC.
Bibliography
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Kelly, D. (2011) Business Law. 6th edition. Published London: Routledge 2011
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Marchington, M. (2008) Human resource management at work: people management and development. 4th edition. Published Wimbledon: CIPD 2008
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