From the
6th April 2012 the Control of Asbestos at Work Regulations 2012
(CAW Regs) will come into force to ensure 'Duty Holders' effectively
manage asbestos within their buildings. This updates previous asbestos regulations to take account of the European Commission's view that the UK had not fully implemented the EU Directive on exposure to asbestos (Directive 2009/148/EC).
A 'Duty Holder' is anyone
who has a responsibility for a building (a Director, Manager
or Handyman). Failure to comply could result in investigation
and possible prosecution by the Health & Safety Executive
with the risk of substantial fines for businesses or individuals
and potentially imprisonment for up to two years. This can be
avoided by having an Asbestos Register compiled and effective
management protocols in place.
Managing asbestos
The new regulation will create an definite duty to
assess and manage the risks from asbestos in buildings. The
risks will vary with circumstances diversifying from normal
occupation of a building to the repair, refurbishment and
demolition of the building, and they will each need to be
assessed. This assessment will be used to produce a management
plan which details the records the actions to be undertaken
to manage and reduce the risk from asbestos. These requirements
on employers are to:
• take reasonable steps to determine
the location of materials likely to contain asbestos;
• presume materials to contain asbestos, unless there
are good reasons not to do so;
• make and maintain a written record of the location
of the asbestos and presumed asbestos materials;
• monitor the condition of asbestos and presumed asbestos
materials;
• assess the risk of exposure from the asbestos and
presumed asbestos materials and document the actions necessary
to manage the risk; and
• take steps to see the action above are carried out.
To manage the risk from asbestos- containing
materials you will need to:
• keep and maintain an up to date
record of the location, condition, maintenance and removal
of all asbestos-containing materials on the premises;
• repair, seal or remove, if there is a risk of exposure
due to its condition or location;
• maintain it in a good state of repair and regularly
monitor the condition;
• inform anyone who is likely to disturb it about the
location and condition of the material;
• have arrangements and procedures in place, so that
work which may disturb the materials compile with CAWR; and
• review the plan at regular intervals and make changes
to the plan and arrangements if circumstances change.
Reference: http://www.hse.gov.uk/asbestos/campaign/duty.htm
Duty Holder Information
http://www.hse.gov.uk/asbestos/campaign/duty.htm
General Information http://www.hse.gov.uk/asbestos/
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