|
|
|||||||||
|
Home | Our Services | Awareness | Legislation | FAQ | Useful Links | Get a Quote | Contact Us | ||
| Sussex Asbestos Solutions | ||||||||||
frequently asked questions on asbestosThis page contains some of the most common questions on the new duty to manage.
Why is the new duty to manage asbestos needed?Much had been done to control the risk from asbestos through Regulations prohibiting the use, supply and importation of asbestos and asbestos products. There are also Regulations that control any work with, on, or around asbestos, with many types of work requiring a licence. However these controls only protect workers from exposure to asbestos when the presence of asbestos is known. Recent studies show that at least a quarter of the 3,000 a year currently dying from asbestos-related diseases had worked in the maintenance or building trades. It is these people, e.g. plumbers, electricians, cable layers, gas fitters, painters and decorators, who are being exposed unknowingly to asbestos fibres during their day-to-day work. The Duty to Manage sets out to protect this group. The duty seeks to ensure that asbestos in premises is located, recorded and the associated risks managed. Those who may disturb the identified material will need to be informed of its location so they can take the necessary precautions to avoid exposure to deadly asbestos fibres.
Where can I find out about the duty to manage?The duty falls within regulation 4 of the Control of Asbestos at Work Regulations 2002, which are set out in the statutory instrument (SI 2002/2675). More detailed advice on the legal requirements of the regulation is provided in the supporting Approved Code of Practice (L127), 'The management of asbestos in non-domestic premises'. An introduction to the requirements of the duty is provided in the free leaflet 'A short guide to managing asbestos in premises' (INDG 223 (rev 3), with more detailed guidance given in 'A comprehensive guide to managing asbestos in premises' (HSG227). All of the above publications are available from HSE Books on 01787 881165 or online at www.hsebooks.co.uk. Further support is provided by HSE's Info line, so why not give them a ring on 08701 545500 or send them an e-mail at hseinformationservices@natbrit.com.
Who is the duty-holder?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 the tenancy agreement or contract that applies. In the absence of any such agreement the duty-holder will be determined by the degree of control the party has over the premises. Depending on the contract or tenancy the duty-holder could be the landlord or tenant or even a facilities manager. In some cases two or more parties could share the duty. The regulation also includes a duty to co-operate, which applies widely. This will, for example, require a landlord to pass information on asbestos to a new tenant. Similarly a tenant must co-operate by allowing a landlord to gain access to a building, for example to carry out a survey. Also Sussex Asbestos Solutions, if they have plans, which show information on the whereabouts of asbestos, would be expected to make these available to the duty-holder at a reasonable cost.
To which premises does the duty apply?The duty applies to all non-domestic premises, including all commercial, public and industrial buildings. It also applies to common parts of domestic premises, including housing developments and blocks of flats in both the 'rented' and 'owner-occupied' sectors. Examples of common parts would include stairwells, lift shafts, corridors, gardens, yards, outhouses, roof spaces and boiler-houses.
What does the duty-holder have to do to comply with the regulation?The duty to manage requires the duty-holder to:
Should I have achieved full compliance by 21 May 2004?HSE recognises that for many the implementation of the full range of responsibilities detailed within the duty to manage is going to take a considerable length of time and therefore it would be unrealistic to have expected full compliance by 21 May 2004; but we do expect to see evidence of having worked towards it. However, it is essential that duty-holders embark immediately on a strategy that will bring about effective control of their asbestos risk. The full range of HSE's supportive guidance to aid implementation has been available since the end of last year, and a varied national program of asbestos management events, many delivered by HSE's Partners, has been running since 2001 and will continue for the foreseeable future. All in all there has been ample opportunity for duty-holders to gain an appreciation of what it is that they need to be doing. In terms of working towards compliance, an early action on duty-holders must be to introduce a precautionary approach to maintenance activities. This needs to ensure that maintenance staff are not put at risk by unknowingly working with, or around, asbestos materials. Until such times as duty-holders are able to confirm whether materials contain asbestos they must presume that the materials do so and with that ensure appropriate precautions are introduced and that other relevant Regulations are complied with. It is important that any materials that could contain asbestos are in reasonable condition and not in a location where they could be disturbed and fibres inhaled. Duty-holders should carry out an assessment to find any materials that are in a poor condition and may contain asbestos. This has to be done early if those working on the premise are to be protected. This is not a survey, it is simply an inspection for damaged materials that could contain asbestos and present an immediate risk. Once these are dealt with a duty-holder will have time to implement an effective management plan. So for some, full compliance of the regulation will have been achieved by the 21 May 2004, but for others this would not be a realistic objective. However, they will be able to demonstrate that an appropriate Compliance Strategy was in place together with evidence of working towards its implementation.
Do I need to carry out a survey of all premises covered by the regulation?Not necessarily. The regulation requires you to take 'reasonable steps' to find asbestos in your premises, this can be undertaken in a variety of ways. The regulation calls for a proportionate approach and only requires a substantial survey where the risk warrants it. In many cases, for example a small shop where there is very little maintenance work, a walk through inspection may be adequate. In this example it is presumed that any material, unless it can be proved otherwise, contains asbestos, and its location and condition will be noted and an appropriate management plan introduced. If at a later date work is planned that could disturb the material then a full survey, including sampling, may be appropriate; the alternative being that work is carried out on the assumption that the materials contain asbestos. This latter option could lead to unwarranted expense. Where the premises are more complex and/or accommodate work activity that has the potential to disturb materials, or where maintenance/refurbishment is planned, then a full survey is seen to be more appropriate, including the testing of materials. For most premises it may well be that a combination of these two approaches will be your option. For example, a hospital has buildings that accommodate a variety of uses; the wards with their high level of 'people' activity would require a thorough survey with testing, whereas a store cupboard with limited access would only need a presumptive inspection. The need is to have a thorough understanding of your 'survey' options and go for the combination that is most appropriate for your premises, bearing in mind that any survey will only be a step towards managing your asbestos, and a poor or inappropriate survey could prove to be worse than no survey at all.
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 location where it will not be disturbed it should be left in place and effectively managed. Where asbestos materials are found to be in poor condition and/or are likely to be disturbed then removal may prove to be the appropriate option. However, you should firstly be considering repairing or sealing damaged materials, or where disturbance is an issue reorganise the workplace to avoid the risk. Where this can be achieved then leave the materials in place, record their presence and manage them effectively. It should be remembered that removal of asbestos that is in good condition and is not likely to be disturbed would give rise to unnecessary risk and expense.
Where do I go for advice on removing asbestos?Current Regulations require that work with many asbestos products, particularly asbestos insulation, asbestos coating or asbestos insulating board and all assumed asbestos materials, is carried out by contractors licensed by HSE. Guidance on licensed work is contained in 'A guide to the Asbestos (Licensing) Regulations 1983' as amended (L11). 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. With supporting detail contained within the Approved Codes of Practice 'Work with asbestos which does not normally require a licence' (L27). In addition guidance on how to carry out unlicensed work can be found in 'Asbestos Essentials Task Manual' (HSG210) and 'Introduction to Asbestos Essentials' (HSG213). These are available through HSE Books. Alternatively, contact us at Sussex Asbestos Solutions.
Who needs to know where asbestos is?The duty requires that you make information on the location and condition of the asbestos available to anyone liable to work on it or disturb it. Any employees involved in building maintenance work and any contractors working on the premises should know if the building contains, or may contain, asbestos. They should also be told where it is and that there are potential risks to their health if they disturb it. Don't forget those installing cables, computer equipment, telephones etc as they could disturb asbestos during their work, particularly in inaccessible areas that may not have been surveyed for asbestos. This would also include the Emergency Services, particularly the Fire Brigade. It is suggested that duty-holders contact their local brigade to agree arrangements for the sharing of the information.
What is the Land Redemption Tax Relief Scheme?Basically if removal or treatment of asbestos is necessary it may qualify for contaminated tax relief with a special capital allowance of 150% i.e. for every £100 spent on asbestos removal - £150 can be deducted from taxable profits. Additional information on this scheme is obtainable either from your local office of the Inland Revenue or by visiting the Inland Revenue website.
Where can I get more information on asbestos containing materials?Useful information can be found at the site of The Asbestos Information Centre, or alternatively please view our Useful Links page.
|
