What do I do if asbestos traced?

 

When moste people are faced with this question, they think of vast expenditure with no return, but when looked at in more detail and with more understanding, it can be seen as a manageable risk.

The Health and Safety Executive has introduced legislation with which all commercial businesses are required to comply. The new regulations require every employer (Duty Holder) to identify and deal with any asbestos found in their premises. They must have an Asbestos Management Plan, carry out risk assessments and maintain a Register listing likely exposure to it by their employees and to third party contractors for a period of 40 years.

All asbestos does not have to be removed as this would prove very expensive - although tex incentives are available to deal with asbestos in their property. All costs involoved in replacing old with new building materials can be reclaimed to the limit of 150% against income tax.

 

Why is the new Duty to Manage asbestos needed?

 

Asbestos associated risk has been reduced. The use, supply and importation of asbestos and asbestos products are controlled by strict Regulations. Any work with, on or around asbestos is also closely controlled, with many types of work requiring a licence. However, these Regulations only protect workers from exposure to asbestos when the presence of asbestos is known. At least 25% of those dying from asbestos-related diseases have worked in the maintenance and building trades.

The duty to manage has been introduced to protect people who may be unaware that they are in contact with asbestos, these include painters, decorators & plumbers. The Duty seeks to ensure that asbestos in premises will be located, recorded and managed. Then those who may disturb or come into contact with it are informed of its location so they can take suitable precautions.

 

Who will be the Duty Holder?

 

All who have responsibility for the maintenance and/or repair of non-domestic premises have duties under this regulation. The extent of the legal duty is determined by the terms of any tenancy agreement or contract that applies, and in the absence of any such agreement, on the degree of control the party has over the premises.

The duty holder may be the Business Owner, the Landlord or Tenant. In some cases responsibility could be shared between two or more parties.

The regulation also includes a duty to co-operate, which applies widely. This will, for example, require a landlord to pass information on asbestos to a new tenant. Similarly a tenant must co-operate by allowing a landlord to gain access to a building, to carry out a survey. Also, a building surveyor or architect who has plans which show information on the whereabouts of asbestos would be expected to make these available to the duty holder at a reasonable cost.

 

What premises will the legislation apply to?

 

The legislation applies to all non-domestic premises. This includes all commercial, public and industrial premises. It will also apply to common parts of domestic premises, for example stairwells, lift shafts and corridors in a block of flats.

 

What are the Duty Holder's responsibilties to comply with the new legislation?

 

The duty to manage requires that reasonable steps be taken to find asbestos & to assess it's condition. The duty holder must:

  • provide information on the location and condition of the material to anyone who is liable to disturb it.
  • prepare and implement a plan to manage those risks; and
  • prepare a record of the location and condition of these materials and assess the risk from them;
  • presume that materials do contain asbestos unless there is strong evidence that they do not;

Who needs to know the location of the Asbestos?

 

The legislation requires that you (the Duty Holder) make information on the location and condition of the asbestos available to anyone liable to work on it or disturb it. Any employees involved in building maintenance work and any contractors working on the premises should be made aware of the siting & potential risks.

 

Where might I find Asbestos?

 

Some types of Asbestos Containing Materials (ACM) are stable and are not hazardous but it can be found in the following examples:

  • Old electrical switch gear
  • Artex ceilings
  • Bituminous products & Night storage heaters
  • Thermal insulation products & Thermoplastic floor tiles
  • Suspended ceiling tiles