Clients legal duties

Asbestos Management –

Clients Legal Duties

Owners and managers of a premises, whether an office, shop, factory or school, must understand their legal duties as a duty holder under Regulation 4 of the Control of Asbestos Regulations 2012, as the failure to effectively manage asbestos can and does lead to enforcement action from the Health and Safety Executive (HSE) (ref pages 8 & 9).

If the premises you manage or own was constructed prior to the year 2000, you need to know if asbestos is present and manage the associated risks, as you are responsible for ensuring that employees and non-employees are not exposed to health risks as a result of the presence of asbestos.

Asbestos is a hidden danger as asbestos containing materials could be found in numerous places within a building, such as pipe lagging, insulation board, vinyl floor tiles and cement products. Being aware of where asbestos can be found, and how to manage the risks, is vital to reducing the health risks faced by workers and the public.

Legal duties are covered in the Health and Safety at Work etc. Act 1974, Control of Asbestos Regulations 2012 (CAR 2012) and Construction (Design and Management) Regulations 2015 (CDM 2015). w Locating asbestos containing materials (ACMs), through an asbestos survey, therefore assessing the amount and condition of the ACMs. This information should be recorded, referred to as an asbestos register, and kept up to date. w The duty holder will also need to produce a management plan, detailing how the risks from asbestos will be managed.

w If ACMs need to be removed clients need to appoint a competent asbestos removal contractor. w After removal an analyst will need to verify that a work area has been thoroughly cleaned prior to handover for re-occupation or demolition work.

Learn more about your duties on locating, managing and removing asbestos by downloading publications made available at www.arca.org.uk/asbestos-removalcontractors-association-clients

ARCA offers training and a qualification to support duty holders in their understanding of their duties and responsibilities on managing asbestos in buildings, visit www.arca.org.uk/ qualification/rsph-level-3-award-in-asbestosmanagement-for-dutyholders

Can you join AMI?

Membership of the Asbestos Management Institute is for all professional in asbestos management. Those working in asbestos removal, surveying, analysis and consultancy.

Join AMI and make new connections and become part of something bigger. More voices means more strength to help influence the asbestos management industry. Apply for membership at am-insititute.org

Asbestos Management Institute