There is already
a responsibility under existing legislation which
requires employers to identify and manage asbestos in
the workplace.
In the early part
of 2003, the Control of Asbestos at Work Act was
further amended to specifically require employers and
building owners to:
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Identify
the presence of asbestos in
buildings |
|
|
Identify
all elements of its condition that impact
on its potential to cause
harm |
|
|
Assess the
risk that is presented |
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Take
action to safely manage the
risk |
In 2006, the
revised regulations were renamed the Control of
Asbestos Regulations and the requirements became even
tighter.
LEGISLATION
The Health and
Safety at Work etc. Act 1974 requires employers to
provide a safe workplace.
Work with
Asbestos is covered by its own set of regulations.
From November 2002 the Control of Asbestos at Work
Regulations (CAWR) 2002 came into force.
In 2006, the
Control of Asbestos Regulations superceded the CAWR
regulations.
There are duties
to prepare a risk assessment and to make written
arrangements to protect those at risk in the
Management of Health and Safety at Work Regulations
1992.
Arrangements to
deal with asbestos during refurbishment may also be
required by the Construction (Design and Management)
Regulations 1994.
The CAWR have
been amended by introducing a specific duty to manage
the risk from asbestos containing materials in
premises.
This specific
duty will be supported by an Approved Code of
Practice (ACOP) and associated guidance.
It is the
responsibility of the Duty Holder of commercial
premises to manage any asbestos present and hold
relative information in an Asbestos
Register.
Therefore, it is
recommended that a survey for Asbestos Containing
Materials is undertaken to identify any present and a
management strategy put in place
thereafter.
The Health and
Safety Commission estimate 1.5 million properties
require an asbestos survey in order to comply with
the new regulations.
All buildings
(excluding private residential and private rented
residential properties) require a register of
asbestos containing materials detailing the
location, extent and condition of the materials
within the building.
The person
responsible for a building (The Duty Holder) is
required to manage the risk from asbestos
by:
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Identifying
asbestos containing materials
within the premises and assessing their
condition. |
|
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Presuming
materials contain asbestos unless
there
is strong evidence that they do
not. |
|
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Maintaining
an up to date record of the location and
condition of the asbestos containing
materials and presumed asbestos
containing materials within the
premises. |
|
|
Assessing
the risk from the
material. |
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|
Preparing
and implementing a plan detailing how the
risk from asbestos containing materials
is to be managed. |
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Reviewing
and monitoring the management
plan. |
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Providing
information on the location and condition
of asbestos containing materials to
anyone liable to work on or disturb
them. |
Any building
likely to containing asbestos must be surveyed unde
the new regulations.
Buildings
constructed before 1999 may contain limited asbestos
products and buildings built before 1985 may contain
substantial quantities of asbestos.
The survey must
be recorded as a written register of asbestos
containing materials.
The risk that
these materials pose to users of the building must be
assessed and any recommendations made by the surveyor
from these risk assessments, must be
completed.
If you own,
occupy, manage or have responsibility for a building
which may contain asbestos you have either a legal
duty to manage the risk from asbestos containing
materials; or a duty to co-operate with whoever
manages that risk.
The HSE has produced a number of
free information packs to promote awareness of the new
regulations.
Asbestos - Magic Material or Killer
Dust?
Asbestos has been
used extensively in the building industry for over
one hundred years and has proved to be an excellent
product for a variety of uses, having many qualities
such as insulation, fire and chemical resistance to
name a few.
Also, its
suitability to many uses and relatively cheap cost
made it very popular, with millions of tons being
used in countless forms.
It was during the
post war period of the 1950's to the 1970's when its
usage was the most prevalent and it must be said that
it provided a very economic, easy to use material
that was welcome to the construction industry at that
time.
Unfortunately,
its constitution and make up with other materials
give rise to airborne fibres that would be released
if damaged. These fibres can get lodged in the lungs
of people and cause numerous diseases and
death.
Thus over the
years asbestos use has receded and its use in
buildings eventually banned in 1999 although it is
used in some gasket production.
Despite its ban,
millions of tons of it are still present in
properties all over the country, in many different
shapes and forms.
Many asbestos
containing materials are easily damaged and can
release the deadly airborne fibres into the
atmosphere.
New regulations
have been issued making it a legal requirement to
manage all asbestos containing materials in
commercial premises to protect those that work or
visit there as it only takes one fibre to
kill.
It is therefore
necessary to identify any asbestos containing
materials on the premises assess their condition and
manage them accordingly.
Typical
asbestos containing materials found in
buildings:
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Pipe
insulation |
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Tank
and roof insulation |
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sprayed
acoustic coatings and fire
insulation |
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thermal
insulation |
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firestop
boards |
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wall
lining panels |
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insulation
board |
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insulation
paper/cardboard under pipe lagging and
floor tiles |
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jointing
and packing yarns and materials to
boilers, ovens, electric cables and
fuseboards, flues,
brickwork |
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fire
resistant blankets, gloves, mattresses,
curtains etc |
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gaskets
and washers to plant and
machinery |
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strings
for sealing radiators |
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string
around glazing |
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resin
wc cisterns |
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roof
sheets and cladding |
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flues |
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partitioning |
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decorative
panels, soffit and fascia
boards |
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roof
slates, decking |
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preformed
products such as cable conduits,
rainwater goods, fencing, roof promenade
tiles, window sills, bath panels,
draining boards, worktops,
ducts |
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textured
coatings such as Artex |
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roofing
felts |
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floor
tiles |
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suspended
ceiling tiles |
The above list is
not exhaustive but give typical uses for asbestos in
buildings over the years and thus a trained and
experienced eye is required to identify it. Of course
it could be in portable appliances such as old
toasters and these need to be checked
also.
For an instant quotation to conduct a
type 1, type2 or type 3 asbestos survey, please call
David Carter or Robert Street on 0121 711
7110.
