Asbestos Regulations

Amendments to the Control of Asbestos at Work Regulations were announced in 2002 and introduced in November 2003.  An important amendment of the legislation was Regulation 4, Duty to manage asbestos in non-domestic premises and includes common areas in domestic dwellings This regulation was introduced on 21st May 2004 and affected many people both within the construction industry and beyond. 

The Need for New Regulations  

Asbestos is recognised as the biggest occupational health problem ever encountered in the UK.  The Health and Safety Executive estimates that more than 3,000 people die each year from asbestos-related diseases and this figure is expected to rise to 10,000 by 2010, despite great improvement in the techniques employed to remove the materials from the built environment.

Asbestos has been used commercially since 1900. From the 1950's to the mid-1980's asbestos as been used extensively as a building material throughout the UK.  Although there are no reliable figures, it is estimated that there are still thousands of tonnes of asbestos remaining in buildings.  As many as 750,000 commercial premises may contain asbestos.

Research by HSE epidemiologists and asbestos expert Professor Julian Peto has revealed that a quarter of the people now dying from asbestos-related diseases once worked in the building or building maintenance trades.

Until 1998 the prevailing legislation was concerned mainly with the risk to people working with asbestos in factories.  People not directly involved with the production of products containing asbestos were not covered by law.  

Those at Risk  

Those at risk will include the following trades:

• Heating and ventilation engineers
• Painters and decorators
• Roofing contractors
• Electricians
• Fire and burglar alarm installers
• Plasterers
  
• General maintenance staff
• Carpenters and joiners
• Gas fitters
• Cable layers
• Demolition workers
• Plumbers
• Porters/ caretakers

The Regulations

In 1998 the Control of Asbestos at Work Regulations were amended to extend their application to include incidental exposure to asbestos.  This meant that the regulations now applied to all who might come into contact with asbestos. But even then there remained a loophole because the regulations failed to include contractors and others who may be unaware they are working with materials containing asbestos.

There was also no explicit duty to manage the risk arising from asbestos in premises. This was finally rectified last year when the new Duty to Manage was included within the Control of Asbestos at Work Regulations 2002.

When the Duty to Manage came into effect it required building owners, managers and occupiers to:

1. Assess whether or not the premises contain materials incorporating asbestos
2. Assess the risk arising from these materials
3. Take appropriate action to manage and control the risk

Assessing the Premises  

Reasonable steps must be undertaken to determine the location of materials containing asbestos.  These will include:

• Surveying the premises
• Checking drawings, building manuals and consulting with occupants

Once the location is established the condition of the materials must be assessed and the findings recorded such that they are accessible and undamaged for the duration of the buildings life. This can be done either in-house or outsourced to specialists.

Identifying Asbestos-containing Materials  

The presence of asbestos will be identified by:

• Presumption
• Survey and the taking of samples
• A combination of both of the above
  

Once the asbestos problem has been quantified, the associated risks must be assessed.  This will allow you to prioritise the action required to manage the asbestos. If the asbestos-containing material is in good condition, the action required is simply that it be left well alone and managed. 

If the material is in poor condition, there are two main course of action

• To encapsulate it to extend its life period and continue to manage the risk, or
  
• To employ a licensed specialist contractor to remove it. 
  

The next step is to develop and implement an appropriate action plan. When materials are left within the premises you should:

• Inform others of location and condition.
• Inspect asbestos containing materials on a regular basis to ensure that assessment of risks posed has not changed
• Review and revise action plan as necessary to incorporate any modification

Who Has the Duty to Manage?  

The Duty to Manage lies with those contractually obliged to maintain or repair the premises. All occupants of the premises have a duty to co-operate and comply with any measures put in place to manage the risk from asbestos. The extent of these duties is dependant on the degree of control that person holds over the fabric of the building.

When the duty to manage is shared it may be required that the surveying, recording, assessing and managing the materials containing asbestos will need collaboration between all parties.  

What Do You Need to Do?  

If you find you have a Duty to Manage, you must

• Adopt a precautionary approach to all maintenance work straight away.
  
• Investigate the condition of your asbestos-containing materials sooner rather than later.  In the first instance conduct a quick walk-through inspection to identify the most pressing issues.
• Start planning an action strategy NOW.

Your action strategy will cover:

• Type of assessment
  
• Management of process
  
• Recording of information
• Management of visit  
  

Read and familiarise yourself with all regulations, approved codes of practice and guidance relating to the duty to manage the risk from asbestos containing material within your premises.