Asbestos: the hidden hazard on farms and in rural communities in Yorkshire

If you own or manage a farm you have obligations as duty holder around asbestos exposure. Chris Crystal, Partner at Wilkin Chapman Rollits explains what this means for you, your business and your employees/family.

When thinking of the dangers faced by those who work the land, the mind might turn to heavy machinery, pesticides, or unpredictable weather. Rarely do we consider asbestos—a silent threat that has, over the years, left a profound impact on countless farming families and rural workers. The presence of asbestos can have massive impacts on people’s health.

Rural communities, especially in older farmhouses and agricultural buildings, often contain materials made with asbestos. These were commonly used throughout the 20th century for insulation, roofing, and fireproofing.

It is vital that those responsible for such buildings understand their obligations as duty holders under the Control of Asbestos Regulations 2012 (CAR). Duty holders can be persons who either:

· By virtue of a contract or tenancy, have an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access or egress to or from those premises

· Have control (to any extent) of that part of those non-domestic premises or any means of access or egress to or from those premises

The obligations of the duty holder under CAR consist of:

· Initial assessment: initially, carrying out suitable and sufficient assessment to determine whether asbestos or Asbestos Containing Material (ACM) is, or is likely to be, present in the premises

· Reporting: recording the findings of your assessment, i.e. creating the asbestos report

· Review: keeping the assessment under review at all times

· Management plan: if findings conclude asbestos is present, preparing a robust plan setting out precisely what the risk is, and how to manage it, and then implementing the plan thereafter

Upon sale of the premises, there are obligations to disclose the location and condition of any known asbestos on the property to every person liable to disturb it (including the purchaser/builders etc) and to the emergency services.

Due to the potentially devastating consequences of being diagnosed with asbestos-related conditions, there are severe penalties for non-compliance with CAR, including, for serious breaches, an unlimited fine and imprisonment for up to two years.

Chris Crystal

It is crucial therefore, for your safety and the safety of others, to take this matter seriously.

Awareness and prevention are key. For those facing a diagnosis, organisations specialising in asbestos-related conditions can provide guidance and help navigate the complicated path to treatment.

For more information, please contact Chris on 01482 425828, email [email protected] or visit www.wilkinchapmanrollits.co.uk/sectors/agriculture