22/11/2017
ASBESTOS LEGISLATION
As early as 1974, The Health and Safety at Work etc. Act already required employers to provide a safe workplace.
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.
There are duties to prepare a risk assessment and to make written arrangements to protect those at risk in the Management of Health and Safety at Work Regulations and CDM Regulations which were updated in 2007.
Arrangements to deal with asbestos during refurbishment may also be required by the Construction (Design and Management) Regulations 1994.
The CAWR have been amended and renamed the Control of Asbestos Regualtions (CAR) 2012 and introduce a specific duty to manage the risk from asbestos containing materials in premises.
This specific duty will 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 any asbestos present and hold relative information in an Asbestos Register.
Therefore, it is recommended that a survey for Asbestos Containing Materials is undertaken to identify any present and a management strategy put in place thereafter.
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.
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.
Any building likely to contain asbestos containing materials must be surveyed under the new regulations.
