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Control & Legislation

Asbestos Survey Projects Legislation

The Health and Safety at Work Act 1974 requires all employers within the UK to provide a safe workplace for their employees. Any work with Asbestos is covered by its own set of regulations. From November 2002 the Control of Asbestos at Work Regulations (CAWR) 2002 came into force. Arrangements to deal with asbestos during refurbishment may also be required by the Construction (Design and Management) Regulations 1994.

The CAWR were amended and renamed the Control of Asbestos Regualtions (CAR) in 2006. The amendments introduced a specific duty to manage the risk from asbestos containing materials in premises. This specific duty is to be supported by an Approved Code of Practice (ACOP) and associated guidance. It is the responsibility of the Duty Holder of commercial premises to manage and control any materials containing asbestos and hold relative information in an Asbestos Register.

Unsure if you’re the Duty Holder? Phone NOW to check on 08454 673477.

Therefore, it is recommended that a survey for Asbestos Containing Materials is undertaken to identify any present and a management strategy put in place.

The Health and Safety Commission estimate 1.5 million properties require an asbestos survey in order to comply with the new regulations. All buildings (excluding private residential and private rented residential properties) require a register of asbestos containing materials detailing the location, extent and condition of the materials within the building.

Buildings constructed before 1999 may contain limited asbestos products and buildings built before 1985 may contain substantial quantities of asbestos.

The survey must be recorded as a written register of asbestos containing materials. The risk that these materials pose to users of the building must be assessed and any recommendations made by the surveyor from these risk assessments, must be completed.
If you own, occupy, manage or have responsibility for a building which may contain asbestos you have either a legal duty to manage the risk from asbestos containing materials; or a duty to co-operate with whoever manages that risk.

The HSE has produced a number of free information packs to promote awareness of the new regulations.

The person responsible for a building (The Duty Holder) is required to manage the risk from asbestos by:

  • Identifying asbestos containing materials within the premises and assessing their condition.

  • Presuming materials contain asbestos unless there is strong evidence that they do not.

  • Maintaining an up to date record of the location and condition of the asbestos containing materials and presumed asbestos containing materials within the premises.

  • Assessing the risk from the material.

  • Preparing and implementing a plan detailing how the risk from asbestos containing materials is to be managed.

  • Reviewing and monitoring the management plan.

  • Providing information on the location and condition of asbestos containing materials to anyone liable to work on or disturb them.

HSE Control of Asbestos Regulations 2006

he Control of Asbestos Regulations 2006 came into force on 13 November 2006 (Asbestos Regulations – SI 2006/2739). These Regulations bring together the three previous sets of Regulations covering the prohibition of asbestos, the control of asbestos at work and asbestos licensing.

The Regulations prohibit the importation, supply and use of all forms of asbestos. They continue the ban introduced for blue and brown asbestos in 1985 and for white asbestos in 1999. They also continue to ban the second-hand use of asbestos products such as asbestos cement sheets and asbestos boards and tiles; including panels which have been covered with paint or textured plaster containing asbestos.

REMEMBER:

The ban applies to new use of asbestos. If existing asbestos containing materials are in good condition, they may be left in place, their condition monitored and managed to ensure they are not disturbed.

Duty to Manage Asbestos

The Asbestos Regulations also include the ‘duty to manage asbestos’ in non-domestic premises. Guidance on the duty to manage asbestos can be found in the Approved Code of Practice The Management of Asbestos in Non-Domestic Premises, L127, ISBN 9780 7176 6209 8 and on the duty to manage area of the www.hse.gov.uk website.