One tends to think that asbestos related disease is a problem confined to workers in an industrial environment. However, earlier in 2013 asbestos contamination of schools was termed a ‘national scandal’ after a report entitled Asbestos in Schools – The need for action was released by a Parliamentary body.
Asbestos In Schools Report
The report highlighted some startling facts about asbestos in schools. We have summarised some of the more salient findings below:
- Of the 3,600 schools in Britain, more than 75% contain asbestos;
- Much of the asbestos in schools is badly maintained, meaning that children and teachers may be exposed to the dangerous fibres;
- More than 228 teachers have died of mesothelioma with 140 dying in the last ten years. An unknown number of cleaners, admin staff and caretakers have also died;
- A child is 5.3 times more likely to develop mesothelioma by the age of 80 than their teacher aged 30, due to the child’s body still developing;
- In the last five years HSE asbestos inspections found significant deficiencies in the implementation of asbestos management plans in a number of schools;
- There are no centralized data on the extent, type and condition of asbestos in UK schools.
The materials which were listed as of the greatest concern were those which readily release asbestos fibres, this includes asbestos lagging, sprayed asbestos and asbestos insulating board. All of these materials are present in many schools. They may not only be found in lagging on pipes and boiler rooms but also in the construction of schools such as in walls, ceilings and window and door surrounds, the latter locations being areas which are vulnerable to damage by children. In 2006, it was found that slamming a door emitted 800 times more asbestos fibres than was present in background levels.
The matter of who is to compensate those that have become ill as a result of asbestosis exposure whilst attending/working at a school is problematic. Employers’ liability insurance may cover claims relating to teachers and other employees, however it has been reported that most local authorities cannot obtain insurance cover relating to claims for asbestos exposure of non-employees and pupils. As many local authorities are self-insured, they may be in a position to pay the compensation. However, problems arise if the school is independent, assuming that they too have issues obtaining insurance cover for claims arising out of asbestos exposure and, for example, they have now closed down.
With the above in mind, it is plain to see that having a solicitor with experience in handling asbestos related claims is important when deciding who to instruct on your claim.
If you have any questions in relation to the topics discussed in this article, please contact our expert Personal Injury team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.