Calculations of risk: regulation and responsibility for asbestos in social housing

Abstract

This paper examines questions of risk, regulation, and responsibility in relation to asbestos lodged in UK social housing. Despite extensive health and safety legislation protecting against industrial exposure, very little regulatory attention is given to asbestos present in domestic homes. The paper argues that this lack of regulatory oversight, combined with the informal, contractual, and small-scale work undertaken in domestic homes weakens the basic premise of occupational health and safety, namely that rational decision-making, technical measures, and individual safety behavior lead concerned parties (workers, employers, and others) to minimize risk and exposure. The paper focuses on UK council or social housing, examining how local housing authorities - as landlords - have a duty to provide housing, to protect and to care for residents, but points out that these obligations do not extend to health and safety legislation in relation to DIY undertaken by residents. At the same time, only conventional occupational health and safety, based on rationality, identification, containment, and protective measures, cover itinerant workmen entering these homes. Focusing on asbestos and the way things work in reality, this paper thus explores the degree to which official health and safety regulation can safeguard maintenance and other workers in council homes. It simultaneously examines how councils advise and protect tenants as they occupy and shape their homes. In so doing, this paper challenges the notion of risk as an objective, scientific, and effective measure. In contrast, it demonstrates the ways in which occupational risk - and the choice of appropriate response - is more likely situational and determined by wide-ranging and often contradictory factors.