The Control of Asbestos Regulations 2012
Asbestos is a killer - by far the largest industrial killer in the UK with approximately 3,000 deaths a year, and still likely to rise significantly. The main causes of death are asbestosis, lung cancer, and mesothelioma (cancer of the peritoneum). Symptoms may take up to 40 years to appear.
Since May 2002 when The Control of Asbestos at Work Regulations were introduced Regulation 4 required that every company or person who controls access to commercial premises, or can give instructions for building or maintenance work is a Dutyholder, must identify Asbestos Containing Material (ACM) in their buildings and have a written plan for its management. Failure to do so is a serious offence, and could lead to serious health problems for workers. The 2006 Regulations did not change this duty, and neither do the 2012 Control of Asbestos Regulations, which have been amended to comply with the EU Directive on exposure to asbestos (2009/148/EC).
Since January 2010 Asbestos Containing Materials (ACM) have been assessed by use of a new document issued by the HSE "Asbestos: The survey guide", in which two types of survey are described: The Management Survey , and the Refurbishment and Demolition survey . The first is intended to provide information for the management of asbestos in occupied premises, and the second to provide information to contractors so that they can plan to carry out building and demolition work in safety.
Assessing the presence of asbestos is only the first part of the Dutyholders responsibilities - a written management plan must be prepared and periodically reviewed to ensure any ACMs known or presumed to be present are not disturbed.
The Regulations allow the Dutyholder to employ an experienced Project Manager to deal with the complex issues arising from asbestos management. ACCL experts have many years direct experience and can provide services leading to both health and legal protection.
You may be required to remove or encapsulate ACM, but more often it can be left in place if properly managed, sometimes saving huge sums in removal costs. This is often where ACCL can provide invaluable help, offering sensible and practical advice.
Furthermore, you can keep all your asbestos information on our Property Management Database where it is available to all who need it before starting work on your properties. Provision of this information is a legal requirement on Clients in the CDM Regulations.
ACCL are skilled and able to:
- Advise which type of survey is most appropriate and cost effective
- Consider both material and priority risk assessments
- Advise what action is needed to remove, encapsulate, or manage
- Write the Management Plan
- Arrange for monitoring
- Train your staff
- Provide storage of and access to asbestos information 24/7
- Suggest ways of ensuring that information about ACM is always given to the people who need it
- Ensure you comply with the Regulations
The risks and consequences in not carrying out your duties under CAR 2006 properly are very serious. Please contact ACCL if you need any help.