What the regulations say
The Control of Asbestos Regulations (CAR) 2006, Regulation 4 (The Management of Asbestos in Non-Domestic Premises) places legal responsibilities on dutyholders regarding the management of Asbestos Containing Materials (ACM).The dutyholder is usually the Owner, Occupier, or Managing Agent of non-domestic premises or workplaces.
In simple terms this means that owners, employers and managers of non-domestic properties, (this also includes managed residential premises), will be required to assess and where relevant have in place a managed asbestos survey, whether work on the premises is planned or not. Absolutely every commercial property in the UK should have an asbestos survey carried out; have a report on the findings of the survey; and those responsible (the duty-holder/s) taken measures to manage any materials on the premises found to contain asbestos by keeping an up-to-date asbestos register. Failure to do so could result in prosecution by the Health and Safety Executive. If you don’t manage Asbestos in your premises, you could be putting your employees’ and other peoples’ health at risk, which could result in.
- H.S.E Inspectors have the power to issue prohibition notices closing areas or entire sites.
- Companies can be fined an unlimited amount and individuals £20,000
- Responsible individuals can be imprisoned for up to 2 years.
- Directors can be disqualified.
- Unlimited compensation claims for asbestos related diseases.
- Regulation 4 of the Control of Asbestos at Work Regulations is a duty to manage, not a duty to survey.
Managing Asbestos means maintaining your (ACMs) in good condition to protect two groups of people:- those who work on the fabric of the building e.g. electricians, plumbers etc; and- those who work in the building (e.g. plant and office workers, cleaners etc) who may come into contact or work near damaged or deteriorated ACMs.
Damaged or deteriorated ACMs should be repaired, removed or isolated until remedial action can be taken.
More Regulations Worth Studying
Some of the main legislative documents covering asbestos works are listed below. Copies of these documents can be obtained from HSE Books, or you could arrange a consultation meeting with us at any time to discuss specific issues or projects.
- CAR 2012 The Control of Asbestos Regulations 2012
- ACOP L127 The management of asbestos in non-domestic premises
- ACOP L143 Work with materials containing asbestos
- HSG264 Asbestos: The survey guide
- HSG210 Asbestos essentials – A task manual for the building, maintenance and allied trades on non-licensed work
- HSG247 Asbestos: The licensed contractors’ Guide
- HSG248 Asbestos : The Analysts’ guide for sampling, analysis and clearance procedures
- HSG189/2 Working with Asbestos Cement
- HSG53 The selection, use and maintenance of R.P.E
The operations of Optimum Asbestos Solutions comply with the European Standard and all our Asbestos surveyors have P402 qualifications. All our work strictly follows the methodology presented in HSG264, the HSE document ‘Asbestos: ‘The Survey Guide’.
For further information about our Asbestos survey reports, Asbestos legislation and materials likely to contain Asbestos, please click on the relevant navigation tabs at the top of the page.
If you’d like to organise an Asbestos survey, for any premises within the UK, or to discuss your requirements further, then please contact us on Tel: 01536 430 430 or 01536 422851 or Email: [email protected] to find out more.