Asbestos regulations, how to comply, what you need to know.
What is the main legislation for asbestos?
The Control of Asbestos Regulations (CAR, 2012)
The Control of Asbestos Regulations 2012 covers work with asbestos, and licensing of asbestos-removal activities. Regulation 4 contains an explicit duty on the owners and occupiers of non-domestic premises, who have maintenance and repair responsibilities, to assess and manage the risks from the presence of asbestos.
The ‘duty to manage asbestos’ requirements of regulation 4 of CAR 2012 do not normally apply to domestic premises. However, the requirements do apply to common parts of premises, including housing developments and blocks of flats. Examples of common parts would include foyers, corridors, and lifts and lift shafts, staircases, boiler houses, vertical risers, gardens, yards and outhouses.
What is Regulation 4 Control of asbestos Regulations 2012?
The duty requires you to manage the risk from asbestos by:
- Finding out if there is asbestos in the premises (or assessing if ACMs are liable to be present and making a presumption that materials contain asbestos, unless you have strong evidence that they do not), its location and what condition it is in;
- Making and keeping an up-to-date record of the location and condition of the ACMs or presumed ACMs in your premises;
- Assessing the risk from the material;
- Preparing a plan that sets out in detail how you are going to manage the risk from this material;
- Taking the steps needed to put your plan into action;
- Reviewing and monitoring your plan and the arrangements made to put it in place; and
- Setting up a system for providing information on the location and condition of the material to anyone who is liable to work on or disturb it.
How do duty holder's comply?
It requires the person who has the duty (ie the 'dutyholder') to: take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in. presume materials contain asbestos unless there is strong evidence that they do not. There are four essential steps:
- Find out whether the premises contain asbestos, and, if so, where it is and what condition it is in. If in doubt, materials must be presumed to contain asbestos
- Assess the risk from asbestos present in the premises
- Make a plan to manage that risk and act on it
- Provide this information to other employers (eg building contractors) who are likely to disturb any asbestos present, so that they can put in place appropriate control while the work is being done.
Summit Environmental….your partner in asbestos compliance!
- We can guide you through your asbestos management process and help you comply with your legal obligations.
- Asbestos surveys – identify asbestos in your premises by way of completing surveys; management, refurbishment or demolition.
- Asbestos management plans – develop and implement and effective plan to ensure you are managing your asbestos effectively.
- Asbestos re-inspections – following identification of asbestos materials, we complete annual re-inspections and monitor and report on the asbestos previously identified.
- Training – asbestos awareness, management training and CPD sessions
- Asbestos remediation scoping, tendering and remediation management – Once identified, we will advise you on the best way to deal with asbestos in the most efficient, safe and cost-effective way.
