Hundreds of Sussex employers face prosecution and possible imprisonment unless they comply with new rules to cut the risk of potentially fatal asbestos exposure.

Duty To Manage rules, which came into force on Friday, impose tough demands on businesses to carry out checks and control the dangers posed by the material.

The legislation, which puts responsibility firmly with employers, will help save about 5,000 lives in the next 50 years, according to the Health and Safety Executive.

About 500,000 buildings across Britain still harbour asbestos, most of them built or renovated between 1950 and 1980.

Some 3,500 people in Britain die each year as a result of asbestos-related disease - the biggest occupational health killer in the UK.

Legal advisors Associa Health and Safety said employers were now obliged to find out whether their premises contained asbestos and do something about it.

Yvette Craig, sales manager for Brighton and Hove, said: "Pleading ignorance to the presence of asbestos will be no legal defence for employers who allow their employees to be exposed to this potentially lethal substance.

"Even contractors working on a business's premises need to be safeguarded. Reckless employers could find their heating engineer or burglar alarm installer seeking damages if exposed to asbestos.

"There really is no choice but for local employers to demonstrate the asbestos on their premises is properly managed."

Research by commercial law firm Davis Arnold Cooper found 64 per cent of companies in the South-East had failed to carry out an absbestos test. Senior partner David McIntosh said risks bosses faced could extend to their ability to carry on in business.

Asbestos can collect in the lungs. It causes lung cancer and cancer of the lung lining called mesothelioma.

Employees, former employees and contractors can claim compensation against an employer for personal injury caused by exposure to asbestos on their premises.

Employers who fail to carry out their new duty face a fine of up to £5,000 in the magistrates court, or in more serious cases, an unlimited fine in the Crown court. The worst offenders could face prison.

Mrs Craig has developed a five-point guide to creating an asbestos management plan:

* Locate: Employers must find out as much as they can about their premises. First steps might include looking at the plans and documents relating to the premises, contacting landlords or the architect, to check if asbestos surveys have been carried out. * Identify: Employers should carry out an asbestos survey, normally involving an expert company with accreditation and appropriate liability insurance. * Assess: Employers have a duty to assess the risk to employees and others from any asbestos on their premises. Consider the type of asbestos, its condition and the likelihood of disturbing the material. * Manage: Ensure anybody who may potentially disturb the asbestos is made aware of its presence. Employers should obtain signed confirmation from contractors working on the premises that they have seen the asbestos record. * Review and monitor: Carry out annual audits. Re-inspect affected areas following any maintenance work and conduct regular checks on the condition of asbestos found during the survey. More regular checks should be made on asbestos at risk of disturbance.

Monday May 24, 2004