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The Control of Asbestos
The Asbestos Regulations questions and
Q. Am I breaking the
law by not having an asbestos survey?.
A. If you are
the 'duty holder' (site manager or maintenance manager, company director, landlord,
tenant, lease holder, safety officer etc) responsible for any non domestic buildings, then
yes, please don't assume you aren't!
Q. How do I find out if
I need an asbestos survey?. A. You will need an
asbestos survey if any of the following apply: The buildings are older than
1999, the building is 'a place of work', the building is used by members of the public,
the building due for major refurbishment or demolition.
Q. What do I do once
I've got the survey. A. You will need to manage any
asbestos found, by making sure it's in a safe condition and prevent it being disturbed by
normal use of the building or planned maintenance or refurbishment work. Our asbestos
survey reports include this information and a helpline for future assistance.
The 2012 Control of Asbestos Regulations and how they
my mate said it wasn't
is important that you realise the severity of the penalties, for
allowing asbestos to be disturbed, where people are exposed to the
invisible fibres, which may lead to cancer and other health
Failure to comply with the Control of Asbestos 2006 regulations,
which results in the uncontrolled release and/or spread of
asbestos fibres can attract penalties upon conviction of up to
2 years prison and/or UNLIMITED fines!.
regulation breaches that usually result in
control the release of asbestos fibres (accidental
damaged of asbestos materials)
control the spread of asbestos fibres
(contamination of the area after damage to
asbestos materials including airborne fibres)
inform those working with or around asbestos
of the dangers from the material resulting in
the disturbance of asbestos (no
asbestos survey available to prevent
disturbance or no asbestos awareness training)
carry out an asbestos survey resulting
in disturbance of asbestos (no
asbestos survey or survey not carried out by
of the above breaches results in people being exposed to asbestos, the penalties will be
Surveys asbestos survey report will significantly reduce the risk of these breaches
The Control of Asbestos at Work Regulations
/ The Asbestos Licensing Regulations and the Asbestos Prohibition Regulations
have been reformed into:
The Control Of Asbestos Regulations 2012
View the full text here
Asbestos is the leading cause of mesothelioma. Visit
http://mesothelioma.net/ for information on this deadly disease.
Both the HSE and the EPA have strict regulations governing this material
In Plain English
The Control of Asbestos
Regulations 2006 will affect you if you are responsible for a place of work or
non-domestic premises, this includes, but is not limited to, building managers,
landlords, business owners, maintenance managers, building control officers,
business directors, duty holders of premises, senior management, commercial
property owners and tenants, industrial property owners and tenants. Basically
any building or premises that's not a domestic house will have a person (duty holder) who
is responsible for the safety of the building, occupants and visitors in terms
of general safety and specifically in this case, asbestos exposure.
Sometimes the 'duty
holder' is a clearly defined position within an organisation other times its
just another part of someone's job description. With the revised regulations they have introduced an 'implicit duty'
for these people to know where the asbestos is in the buildings they are
responsible for and to manage the risks, ('Duty to Manage') from these materials in the form of an
asbestos management plan.
The small business
owner will probably only need a decent asbestos survey, complete with
recommendations to comply with the majority of the requirements in the
regulations. The duty holder is usually the owner or manager and he is not
really expected to be trained to any significant level, just enough to comply
with the regulations in terms of preventing the release and spread of asbestos
fibres. The basically means, find out where it is, keep it in good (sealed)
condition, don't let anyone disturb it, and keep an eye on it.
"In addition to your existing
legal duty to prevent, whenever possible, the exposure of employees and others
in your premises to asbestos, a new 'duty to manage' asbestos will be added to the
Control of Asbestos at Work Regulations 2006.
This will require you
to manage the risk from asbestos by:
- Finding out if there is
asbestos in the premises, its amount and what condition it is in etc etc.
- Presuming materials
contain asbestos, unless you have strong evidence that they do not.
- Making and keeping up to
date records of the location and condition of ACMs in your premises.
- Assessing the risk from
the material, (this should be included in the survey).
- 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, (follow the recommendations in the survey).
- Reviewing and monitoring
your plan and arrangements made to put it in place.
- Providing information on
the location and condition of ACMs to anyone likely to work on or disturb
Source: Managing Asbestos
in Premises, published by
Safety Executive Sept 2001. Click the link to
see the rest of the HSE page.
Asbestos Legal Risks
The Control of Asbestos
Here are the three
implicit duties* for asbestos management as required in the
1. *Duty to FIND: Get an asbestos
survey, ideally carried out by experienced persons.
The survey report will let you know
where the asbestos materials are located , the amount, what condition it's
in, who is at risk, level of risk from the material and much more.
2. *Duty to MANAGE: Make sure the
materials are sealed, made safe and kept safe (many are already safe by
The survey report will make
recommendations for the treatment, sealing and/or protection of the
materials so that they can be left in place and managed.
3. *Duty to INFORM: Keep an eye on them
and prevent them being disturbed by limiting access and informing
tradesmen staff etc where they are located, assisted by the survey report.
The survey report will allow duty
holders to carry out inspections based on the results, the report will
also act as a reference for tradesmen/staff etc carrying out work in the
building to prevent them accidentally disturbing asbestos materials by
assessing the risk prior to starting the work.
It's all about preventing
accidental exposure, by taking the above steps
An asbestos survey from Kent Surveys
will help you comply with all three of the above requirements
A good asbestos survey will
help you to comply with these requirements without affecting your business in
any significant way