The use and handling of asbestos in Finland is governed by several acts and decrees. The most important are the Occupational Safety and Health Act and the Government Decree on the Safety of Asbestos Work (798/2015). This article sets out the key points of the legislation in practical terms - what they mean for the person renovating, for the housing company and for the contractor.
The ban on asbestos in Finland
Asbestos was banned in Finland in 1994. That means any building constructed or renovated before that year may contain asbestos-containing materials. Buildings constructed or renovated after the ban should no longer contain asbestos, unless old materials were left in the structure.
It is worth noting that the ban covered the use of new asbestos-containing materials. There is no obligation to take existing asbestos materials out of a building unless they are affected by removal work or otherwise disturbed.
The duty to investigate before removal work
The Government Decree on the Safety of Asbestos Work requires that, before removal work begins, it must be established whether the materials to be removed contain asbestos. This has to be done whenever materials that may contain asbestos are removed - in practice, in every building constructed before 1994.
The duty applies to all removal work, whatever its scale. Even in a small home renovation that involves taking out old materials, the possibility of asbestos must be investigated in advance.
Who is responsible?
The developer is responsible for having the asbestos survey carried out. In a private home renovation the developer is usually the owner of the property or the person commissioning the work. In housing company projects the responsibility rests with the board and the property manager. The contractor, for their part, is responsible for not starting removal work before the survey has been done.
In practice the responsibility is shared: the person commissioning the renovation orders the survey, and the contractor makes sure it has been done before work begins. Both parties are accountable for carrying out the work safely.
Requirements for asbestos removal work
If asbestos is found in the materials to be removed, the work must be carried out as asbestos removal work. Only a company registered for asbestos removal work, whose employees hold the relevant asbestos removal qualification, may do it. The work takes place inside a sealed enclosure under negative pressure, and the workers wear specialist protective equipment.
Asbestos removal work must be notified in writing to the Occupational Safety and Health Department of the Finnish Supervisory Agency, where possible at least seven days before it begins. The notification sets out, among other things, the site, the materials to be removed, the working methods and the protective measures.
Penalties for non-compliance
Failing to comply with the asbestos regulations can carry serious consequences. The occupational safety and health authority can halt the removal work if no survey has been carried out. Fines can also be imposed for non-compliance as an occupational safety violation. In the most serious cases it amounts to an occupational safety offence, which can carry a prison sentence.
Financially, non-compliance can prove very expensive indeed. Health problems suffered by people exposed to asbestos can lead to compensation claims, and cleaning up premises after an asbestos release costs far more than a survey and a controlled strip-out done in advance.
What does the legislation mean in practice?
In practice, the legislation means that everyone renovating or developing a property must investigate the possibility of asbestos before removal work begins. At its simplest, that means taking a sample of the material to be removed and sending it to a laboratory for analysis. Once the result is in, you know how the work has to be done.
Complying with the legislation is neither complicated nor expensive. Analysing a single sample costs a fraction of the total renovation budget and makes sure the work is done safely and lawfully. This article does not replace the legislation itself, but it gives a practical understanding of what the rules mean for the ordinary renovator.