Asbestos

If you are in control of work premises you have a duty to manage asbestos. This page explains the duty and what you are expected to do.

 

The regulations cover all non-domestic premises, whatever type of business is carried out in them. It also covers the common areas of domestic premises, including halls, stair wells, lift shafts and roof spaces.

 

What is asbestos?

Asbestos is the biggest occupational health killer in the UK. It is a naturally occurring mineral that has been used for about 150 years on a large commercial scale.

 

Breathing in air containing asbestos can lead to asbestos-related diseases, most of which are cancers of the chest lining and lungs.
There are three main types of asbestos still found in premises:

  • Blue (crocidolite)
  • Brown (amosite)
  • White (chrysotile)

You can't identify the type of asbestos just by its colour. All types are dangerous, but brown and blue asbestos are more hazardous than white.

 

Who is most likely to be at risk?

Of the 3,500 people currently dying each year from asbestos-related diseases 25% have once worked in the building and maintenance trades and often would have worked unknowingly on or near to asbestos-containing materials (ACMs). Most other activities that would have once exposed a person to asbestos have now stopped, but this vulnerable group is often still exposed to the risk - without even realising.

 

The requirements of the new duty seek to prevent further unknowing exposure to asbestos by building and maintenance workers with the aim of saving 5,000 lives over the next 100 years.

 

What premises are affected?

The new regulation covers all non-domestic premises, whatever type of business is carried out in them. It also covers the common areas of domestic premises, including halls, stair wells, lift shafts and roof spaces.

 

What is the 'duty to manage' asbestos?

The Control of Asbestos at Work Regulations 2002 (CAWR) introduced a specific duty to manage asbestos in non-domestic premises, which came into force on 21 May 2004.

 

The Health and Safety Executive (HSE) provides the following advice and information with regards to the above duty.


The duty to manage requires those in control of premises to:

  • take reasonable steps to determine the location and condition of materials likely to contain asbestos
  • presume materials contain asbestos unless there is strong evidence that they do not
  • make and keep an up to date record of the location and condition of the ACMs or presumed ACMs in the premises
  • assess the risk of the likelihood of anyone being exposed to fibres from these 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 them.

Who will be the dutyholder?

All those 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 dutyholder may well be the landlord, tenant or a managing agent, depending on the circumstances of the case. In some situations, responsibility could be shared between two or more parties.

 

The regulation also includes a duty to cooperate, which applies widely. This will, for example, require a tenant to allow a landlord to gain access to a building to carry out a survey. Also a building surveyor or architect who had plans that show information on the location of asbestos would be expected to make these available to the dutyholder at a reasonable cost.

 

Do I have to remove all asbestos?

No. Asbestos is only a risk to health when it releases its fibres. So where the material is in good condition and in a place where it will not be disturbed it should be left in place and effectively managed.

 

If the asbestos is in a poor condition and/or likely to be disturbed then removal may be the best option. However, first you should consider repairing or sealing damaged materials, or where disturbance is an issue re-organise the workplace to avoid the risk. If you can do this, leave the asbestos in place, record its presence and manage it effectively.

 

Remember! Removal of asbestos that is in good condition and is not likely to be disturbed would just cause unnecessary risk and expense.

 

Where do I go for advice on removing asbestos?

Under current regulations work with many asbestos products, particularly asbestos insulation, asbestos coating or asbestos insulating board and all assumed asbestos materials, must be carried out by contractors licensed by the HSE.

 

A list of all contractors holding an HSE licence is available through the HSE Asbestos website

 

Work being carried out on asbestos cement, which does not require a contractor, needs to comply with the Control of Asbestos at Work Regulations 2002 supporting detail can be found in the HSE Approved Codes of Practice 'Work with asbestos which does not normally require a licence' (L27).

 

Where can I get more information?

You can access information from the HSE website