FAQ's
Asbestos Management: Your legal duties
The Control of Asbestos Regulations 2006 were published last year.
Why further regulations?
Up to 500 000 commercial, industrial and public buildings in the UK are likely to contain asbestos materials. Unless this material is properly managed, building and maintenance workers may breathe in harmful asbestos fibres when carrying out everyday jobs.
What are the new regulations?
The new regulations replace three existing sets of regulations (The Control of Asbestos at Work Regulations 2002, The Asbestos (Licensing Regulations 1983, as amended, and The Asbestos (Prohibitions) Regulations 1992, as amended); They introduce a lower single control limit of 0.1 fibres per cm3 of air for work with all types of asbestos;
They include practical guidelines for the determination of "sporadic and low intensity exposure", as required by the EU directive;
Who is responsible?
The regulations mean all organisations or individuals carrying out the 4-Stage Asbestos Clearance and Certificate of Re-Occupation after asbestos removal works are to be accredited for that process by the United Kingdom Accreditation Service (currently the only UK accreditation body for the 4-Stage Clearance); and they require mandatory training for work with asbestos.
Will the regulations affect me?
The regulations mean work with textured decorative coatings containing asbestos will be removed from the licensing regime as research shows that the level of exposure to asbestos fibres from such work are low;
When will this come into effect?
It has! Though most regulations came into force on 13 November the regulation that requires accreditation for 4 stage clearance came into force on 6 April this year.
For further information, the full Regulations can be found at: www.opsi.gov.uk
The draft Code of Practice for the Regulations can be viewed at: www.hse.gov.uk
What do I need to do?
Everyone must start to take action now – even if all you have to do is to co-operate with the dutyholder. If you are a dutyholder you must:
Find out whether your building contains asbestos, and what condition it is in;
Assess the risk, eg if it is likely to release fibres;
Make a plan to manage that risk.
Where do I start?
Do a desktop study to check out what you already know about your buildings, eg look at plans and other documents.
Contact anyone else who may already have useful information about the building, eg a surveyor, architect or contractor who knows the building.
Carry out an inspection of the building. You can do this in house, especially if you simply assume materials contain asbestos. Or use an independent expert if samples have to be analysed.
Record the results of the inspection, identifying the parts of the building where asbestos may be located. Assess the risk of asbestos fibres being released into the air from the materials in those areas. Take into account the materials' condition and how likely they are to be damaged or disturbed.
Draw up a management plan. State which areas, if any, need asbestos to be sealed, encapsulated or, as a last resort, removed. The key part of the plan is to warn people coming to work on the building, to prevent accidental exposure.
Build in regular checks to make sure the condition of materials has not deteriorated. Concentrate on areas of high risk, where materials are more likely to get damaged.
Keep the management plan up to date to show any changes that could affect the risk.
Remember, the new legal duty is about managing any asbestos in a building, not about removing all asbestos!
Asbestos in good condition and not likely to be disturbed should not be removed.
What shouldn't I do?
Don't panic – asbestos is only dangerous when disturbed. If it is safely managed and contained it doesn't present a health hazard. Don't remove asbestos unnecessarily. Removing it can be more dangerous than simply containing it.
Don't treat all asbestos materials the same. You only need to use a licenced contractor to work on high risk materials, such as pipe insulation or asbestos insulating panels – not on asbestos cement which is much less dangerous.
Don't assume you need to bring in a specialist in every case. The regulation allows you to inspect your own building and assume materials contain asbestos.
Don't forget that the regulation is all about protecting maintenance workers and others from asbestos fibres, so concentrate on practical steps to achieve this.
This legislation along with new amendments to the two codes of practice for work with asbestos L27 & L28 and MDHS 100 places the emphasis firmly on managing asbestos within buildings safely. This may not mean wholesale removal but rather a staged monitored approach to the problem ensuring the possibility of exposure is minimised.
Lack of knowledge of the exact location of asbestos has always been a problem. If you are unsure, click on the link to view a diagram that outlines the 'typical' locations of asbestos within a building. Remedial or refurbishment works to buildings have previously resulted in the accidental exposure of employees, contractors and or members of the general public.
Contact us today at our Hampshire office 023 9223 0700 or our London office 020 8531 4969 or email us on enq@amiante.co.uk and we will work with you.
