Own or manage premises?
You have legal responsibilities to manage asbestos If you are an owner or a manager of non-domestic properties, or residential rented properties with common areas, constructed prior to the year 2000, you have the duty to manage the risks from asbestos. You are responsible for ensuring that employees and non-employees are not exposed to health and safety risks as a result of the presence of asbestos. You have legal responsibilities by virtue of the Health and Safety at Work etc. Act 1974, the Control of Asbestos Regulations 2012 (CAR 2012), and the Construction (Design and Management) Regulations 2015 (CDM 2015).
Locate, Assess and Manage Regulation 4 of the Control of Asbestos Regulations 2012 (CAR 2012) is a specific legal duty to manage asbestos in non-domestic properties (including the common parts of domestic premises, such as halls, stair wells and roof spaces). This regulation requires the duty holder to identify the location and condition of asbestos, to assess the risk, e.g. if it is likely to release fibres, and make a plan to manage that risk. To meet this, the duty holder can assume all materials present are asbestos and manage the premises accordingly or arrange for a thorough inspection in the form of an asbestos survey. This survey is carried out to locate, as far as reasonably practicable, the presence and extent of any suspected asbestos containing materials (ACMs) in the building. Also, the type of ACM (e.g. asbestos insulating boards – AIB), amount and condition. The asbestos survey can be carried out by in-house personnel or a third party, as long as they are competent to do so (e.g. a UKAS accredited surveying organisation). The information from the survey should be recorded, a document referred to as an asbestos register. This should include accurate drawings and be dated, and be periodically reviewed so an up-todate record is available on the location and condition of all ACMs. Following this, the duty holder should produce a management plan, setting out how the risks identified from asbestos will be managed, and the duty holder should ensure that the plan is implemented so the risks are properly managed. Communication of this information is vital. The duty holder, should make sure that the asbestos register is shared with any worker/contractor carrying out maintenance or other work on/in the premises.
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arca & atac news · winter 2021
