Asbestos
Regulation 4 of the Control of Asbestos at Work Regs. 2002 became law on the 21 May 2004.
If you are responsible for repairing and maintaining all or any part of non-domestic premises or if you control such premises then you will have a duty to manage the risk from asbestos.
It should be emphasised that the legal duty is about managing any asbestos in the building, not necessarily removing it. Indeed the H.S.E. advises that asbestos in good condition and not likely to be disturbed should not be removed. Removal may be unnecessary and costly.
Immediate steps to take
1. establish if your premises contain asbestos and what condition it is in.
2. assess the risk, e.g. is it likely to release fibres.
3. make a plan to manage that risk.
Use H.S.E. guidelines for what you should do:
· Do a desktop study to check out what you already know about your building, e.g. look at plans and other documents.
· Contact anyone else who may already have useful information about the building e.g. a surveyor, architect or contractor who knows the building.
· Carry out an inspection of the building. You can do this in house, especially if you simply assume materials contain asbestos. However, use an independent expert if samples have to be analysed.
· Record the results of the inspection, identifying the parts of the building where asbestos may be located
· Assess the risks of asbestos fibres being released into the air from the materials in those areas. Take into account the materials’ condition and how likely they are to be damaged or disturbed.
· Draw up a management plan. State which areas, if any, need asbestos to be sealed, encapsulated or, as a last resort, removed. The key part of the plan is to warn people coming to work on the building to prevent accidental exposure.
· Build in regular checks to make sure the condition of materials has not deteriorated. Concentrate on areas of high risk where materials are more likely to get damaged.
· Keep the management plan up to date to show any changes that could affect the risk.
What not to do:
· Don’t panic- asbestos is only dangerous when disturbed. If it is safely managed and contained it doesn’t present a health hazard.
· Don’t remove asbestos unnecessarily. Removing it can be more dangerous than simply containing it.
· Don’t treat all asbestos materials the same. You only need to use a licenced contractor to work on high risk materials, such as pipe insulation or asbestos insulation panels- not on asbestos cement which is much less dangerous.
· Don’t assume you need to bring in a specialist in every case. The Regulations allow you to inspect your own building and assume materials contain asbestos.
· Don’t forget that the Regulations are all about protecting maintenance workers and others from asbestos fibres so concentrate on practical steps to achieve this.
Remember that if you propose buying or renting business premises you should obtain an Asbestos Survey or plan from the current owner or landlord.
More information can be obtained from guides published by H.S.E. Books.
The Control of Asbestos Regulations 2006 require that all work with materials containing asbestos must be undertaken by trained workers in accordance with a plan of work and using proper controls to prevent exposure to and spread of asbestos.
Training is now required for any person who may be exposed incidentally to asbestos during their work, such as maintenance staff, electricians, plumbers, carpenters and construction workers.
The Regulations provide for a “duty to manage” asbestos. This duty means that “Duty-holders” are required to prepare a management plan which identifies and controls any asbestos risk and is reviewed on a regular basis.
All PBS information sheets are designed to provide the details you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
asbestos