Your Duty To Manage Asbestos

The launch of the Control of Asbestos at Work Regulations 2002 introduced Regulation 4, the new EXPLICIT duty to manage asbestos in premises. (Revised 2006)

Broadly, the duty to manage will require those in control of premises to:

• Find out if there is asbestos in the premises, amount, type and condition etc.
• Presume materials contain asbestos unless there is strong evidence to prove otherwise.
• Collate and keep an up to date record of the location and condition of the Asbestos Containing Materials or presumed Asbestos Containing Materials in the premises.
• Assess the risk from the materials
• Prepare a plan setting out how the risks from the materials are to be managed
• Take the necessary steps to put the plan into action.
• Review and monitor the plan periodically.
• Provide information on the location and condition of the materials to anyone who is liable to work on or disturb the asbestos.

In simple terms this means that owners, employers and managers of non-domestic properties, (this also includes managed residential premises), will be required to assess and where relevant have in place a managed asbestos survey, whether work on the premises is planned or not.

This new regulation will enable contracted workers on site to assess correctly the nature of a material before work is carried out, thus eliminating the risk of uncontrolled damage to Asbestos Containing Materials.

The importance of Asbestos Management will greatly affect non-domestic property owners and employers.

The HSE state, If properly controlled and maintained there is no reason why Asbestos Containing Materials cannot remain in use for many years.

Consequences of not taking action –

• H.S.E Inspectors have the power to issue prohibition notices closing areas or entire sites.
• Companies can be fined an unlimited amount and individuals £20,000
• Responsible individuals can be imprisoned for up to 2 years.
• Directors can be disqualified.