Use of asbestos
Asbestos was used in many different ways due to its chemical properties. Gradually, the dangerous properties of asbestos fibres were recognized and its use ended.
The manufacture, placing on the market and use of asbestos and products containing asbestos have been prohibited since 1993 .
In the course of this, materials containing asbestos are removed and replaced. TRGS 519 must be observed for all such work. (Further information can be found here)
As you can see in the diagram, asbestos consumption steadily decreased as people became more aware of its harmful effects. In 1979, a ban on sprayed asbestos came into force, which led to the first decrease. In Austria, the Asbestos Ordinance came into force in 1990, which included a ban on the manufacture of asbestos. In 1993, the German ban came into force, meaning that the use of asbestos was reduced to zero.
Ban on asbestos
Although the harmful effects were already known, 18 million tons of “building materials containing around 6% high-asbestos building materials were produced and used” by 1990. The interventions against a ban were justified by the loss of jobs. Numerous investigations and discussions between trade unions, the Federal Environment Agency and asbestos companies ultimately led to a ban on asbestos, particularly with regard to occupational health and safety.
Since 1999, this ban on asbestos has also applied at European level. To this end, Directive 83/477/EEC came into force and has been further reformed and updated over the years. It was transferred to Directive 2003/18/EC, which means that the use of asbestos and materials containing asbestos is also banned at European level. The asbestos ban has been binding for all EU member states since 2005 and has been updated by Directive 2009/148/EC. It sets out the protection of workers against the risks posed by asbestos at the workplace.
On March 14, 2013, the European Parliament passed a resolution by an overwhelming majority to completely eliminate asbestos in Europe by 2028 (European Parliament resolution, 2013). The need for a ban has also been recognized in other countries. In Canada, asbestos production ended in 2012, but this regulation is only slowly gaining acceptance and only 18 countries had an asbestos ban in 2010. Today, there are now 57 countries that ban the import, use and handling of asbestos. In these countries, the asbestos problem lies primarily in disposal.
Asbestos deposits worldwide
Asbestos is now banned in most industrialized countries. Unfortunately, however, it is still frequently used in developing and emerging countries (e.g. China, India, Russia). Asbestos is significantly cheaper than its substitutes and its dangers are ignored by those responsible. Russia, China, Kazakhstan and Brazil are major producers worldwide. India, on the other hand, is now one of the largest importers of asbestos: according to IBAS (International Ban Asbestos Secretariat), India consumed an average of 375,000 tons per year between 2011 and 2013. One reason for the immense use of asbestos is the misconception of “controlled use”. There is a pretense of safe handling of asbestos, although not all necessary safety measures have been taken. Furthermore, in some countries there is often no supervisory authority (in this case the employers’ liability insurance association, among others) to check compliance with occupational health and safety regulations.
The countries shown serve only as an example to illustrate asbestos consumption worldwide. It can be seen that consumption is falling slightly in China and Russia, while it is actually increasing in India. One reason for this is the assumption that white asbestos (chrysotile) is harmless. This is scientifically contradicted. On the other hand, the corresponding lobby is strong and insists on the argument of job security. The workers concerned are often unaware of the dangers and governments are sometimes passive in this regard.
The last diagram clearly shows the “heyday” of asbestos. In Russia and Kazakhstan in particular, per capita consumption between 1971 and 2000 was enormous. While consumption in Germany is at a comparatively low level, it is almost eight kilograms in Russia. With the implementation of the asbestos ban, consumption in Germany (and many European countries) was zero in the 1990s. On the other hand, consumption in Russia and other eastern countries remains high to this day.
Legal regulations
Many different legal standards apply in connection with asbestos. The “Act on Protection against Hazardous Substances”, or Chemicals Act (ChemG) for short, is fundamental. The Chemicals Act is aimed in particular at manufacturers and distributors of chemicals. It is supplemented by the Hazardous Substances Ordinance (GefStoffV) and the Chemicals Prohibition Ordinance (ChemVerV). The former regulates occupational health and safety and the latter the conditions for the supply and transfer of chemicals.
TRGS 519 regulates the work processes and provides instructions on personal protective equipment. In view of the abundance of standards and laws, it is always advisable, even in the private sector, to commission specialized companies if work with asbestos has to be carried out (e.g. house renovation).
In order to prove a hazard from asbestos, a fibre measurements is required. Our SG12 measuring devices, for example, can do this, as they can measure exposure indoors or at the workplace. Such a measurement is carried out by our measurement technicians in accordance with the VDI 3492 guideline. The subsequent analysis in our accredited test laboratory provides a result that forms the basis for further measures. Please contact us for individual advice on measurement.
Possible penalties
As asbestos fibers are a hazardous substance, incorrect handling may result in criminal prosecution. Sections 325 and 326 of the Criminal Code are relevant in this context. §325 of the Criminal Code describes air pollution.
Accordingly, air pollution caused by asbestos dust and the associated health risk to third parties may also constitute a criminal offense under Section 325 of the German Criminal Code (StGB). Even if no case has yet become known in this regard, it should nevertheless be noted that intentional or negligent air pollution can be punished as an administrative offense under the Federal Immission Control Act even without a concrete risk. Criminal prosecution could be brought, for example, in the case of careless disposal/disposal of roof tiles containing asbestos.
The following section of the StGb specifies the handling of hazardous waste. According to §326 StGb, this is the unauthorized handling of hazardous waste. The legal text reads as follows:
“(1) Any person who, without authorization
- 1.contain or can produce poisons or pathogens of diseases that are transmissible to humans or animals,
-
2.are carcinogenic, mutagenic or mutagenic to humans,
-
3.are explosive, self-igniting or not only slightly radioactive or
-
4.are suitable in terms of type, quality or quantity,
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a)permanently pollute or otherwise adversely modify a body of water, the air or the soil, or
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b)endanger a population of animals or plants,
treats, stores, deposits, discharges or otherwise disposes of waste outside an authorized facility or in substantial deviation from a prescribed or authorized procedure shall be punished with imprisonment of up to five years or a fine.”
Asbestos as a carcinogenic pollutant therefore falls under paragraph 1.2. and can be punished under criminal law. In the private sector, prosecution is less common because reporting asbestos work is only mandatory for companies and a corresponding supervisory authority (e.g. trade supervisory authority) applies. In addition, the incorrect handling of asbestos in the private sector is often due to ignorance. It is therefore advisable to seek expert advice to avoid endangering yourself or others.
Sources:
[1]: https://www.umweltbundesamt.de/themen/gesundheit/umwelteinfluesse-auf-den-menschen/chemische-stoffe/asbest#textpart-4
[2]: https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex%3A32009L0148
[3]: https://www.sifa-sibe.de/fachbeitraege/archiv-si/asbest-eine-toedliche-gefahr-wurde-ueber-jahrzehnte-ignoriert/
[4]: https://www.asbesterkrankungen.de/files/Asbestose%20Website/Geschichte/SII_Sicherheitsingenieur_03_2017_Drucklayout_SII%20(002).PDF
[5]: https://www.umweltbundesamt.de/themen/gesundheit/umwelteinfluesse-auf-den-menschen/chemische-stoffe/asbest#textpart-10
[6]: https://www.swp.de/suedwesten/landkreise/lk-goeppingen/asbest-suendern-droht-saftige-strafe-22799731.html
[7]: https://beck-online.beck.de/?vpath=bibdata/komm/MuekoStGB_1_Band4/StGB/cont/MuekoStGB.StGB.p325%2Ehtm
[8]: https://www.bgbau-medien.de/bau/asbest/titel.htm?gesamt=1 xml-ph-0008@deepl.in
[10]: https://www.slideserve.com/fox/gesundheitliche-gef-hrdungen-durch-asbest
[11]: https://boncheck.de/1388006-struktur-des-weltweiten-asbestverbrauchs-nach-l-ndern-2015-i-statistik/
[12]: http://www.bmas.de/SharedDocs/Downloads/DE/Thema-Arbeitsschutz/Asbestdialog/nationales-asbest-profil-deutschland.pdf?__blob=publicationFile&v=1
[13]: https://www.handelsblatt.com/technik/energie-umwelt/gefaehrliche-daecher-fuer-die-aermsten-um-der-nation-zu-dienen/10361984-2.html
[14]: https://minerals.usgs.gov/minerals/pubs/commodity/asbestos/mis-2007-asbes.pdf
[15]: http://ibasecretariat.org/graphics_page_row1.php?n=2#mit1_start
