Abestos Regulations

The legislation regarding asbestos is clear. Every commercial premises in the UK is subject to an asbestos survey report and measures must be taken to manage any materials containing asbestos. Your failure to have this information and a management plan in place could result in prosecution.

Asbestos regulations have recently been updated and the Control of Asbestos Regulations 2006 (CAR 2006) has now been replaced by the Control of Asbestos Regulations 2012 (CAR 2012):

Control of Asbestos Regulations 2012 (CAR 2012)

These Regulations came into force on 06 April 2012 and bring together the three previous sets of Regulations covering the prohibition of asbestos, the control of asbestos at work and asbestos licensing. For further information please read the Control of Asbestos Regulations 2012 on the HSE website.

The Regulations prohibit the importation, supply and use of all forms of asbestos. They continue the ban introduced for blue and brown asbestos in 1985 and for white asbestos in 1999. They also continue to ban the second-hand use of asbestos products such as asbestos cement sheets and asbestos boards and tiles; including panels which have been covered with paint or textured plaster containing asbestos.

Please note: The ban applies to new use of asbestos. If existing asbestos containing materials are in good condition, they may be left in place, their condition monitored and managed to ensure they are not disturbed.

The duty to manage is directed at those who manage non-domestic premises: the people with responsibility for protecting others who work in such premises, or use them in other ways, from the risks to ill health that exposure to asbestos causes.

The duty to manage asbestos is contained in Regulation 4 of the Control of Asbestos Regulations 2012. 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
  • Make, and keep up-to-date, a record of the location and condition of the asbestos containing materials – or materials which are presumed to contain asbestos
  • Assess the risk of anyone being exposed to fibres from the materials identified
  • Prepare a plan that sets out in detail how the risks from these materials will be managed
  • Take the necessary steps to put the plan into action
  • Periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date and
  • Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.
There is also a requirement on anyone to co-operate as far as is necessary to allow the dutyholder to comply with the above requirements.

CAR 2012 also covers asbestos training, working with asbestos and asbestos removal. For more information please read the Control of Asbestos Regulations 2012 on the HSE website.

Construction (Design and Management) Regulations 2007 (CDM 2007)

You must also comply with other health and safety legislation such as Regulation 17 of the Construction (Design and Management) Regulations 2007.

CDM requires arrangements to be in place to deal with asbestos during construction work, including refurbishment and demolition. Where construction or building work is to be carried out, the CDM client must provide designers and contractors who are likely to bid for or engage on a project, to be provided with information on the presence of asbestos.

The Regulation is Not an Option – it's the Law

Make sure that you have your asbestos register in place by contacting Trident Surveying today. Only then can you breathe easy.

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