If you own, occupy, manage or have
responsibilities for premises which may contain
asbestos, you will either have:
- a legal duty to manage the risk from
this material; or
- a duty to co-operate with whoever
manages the risk.
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Background
The Control of Asbestos at Work Regulations 2002 was
laid before parliament on 31st October and took effect from 21st November 2002.
The new regulations will require that all places of
work are surveyed for the presence of asbestos.
The important “Duty to Manage” regulation
became effective on 21st May 2004, allowing duty
holders
a limited window of opportunity to comply with
their obligations.
The obligation for compliance with the Duty to Manage
rests with “the duty holder”. The definition
of “the duty holder” is all embracing.
Hodgson Elkington, have been registered as partners
in the Health & Safety Executive's (HSE) campaign
and will be introducing awareness and training seminars
for staff and clients in the new year.
On 1st June 2003 Hodgson Elkington launched Asdata.NET,
an on-line storage and retrieval service for asbestos
surveys. Free survey estimating is available through Asdata.NET.
The Duty to Manage
What is new about the duty to manage asbestos?
A new duty to manage asbestos has been added to the
Control of Asbestos at Work Regulations. It will apply
to you if you have maintenance and repair responsibilities
for non-domestic premises either through a contract
or tenancy agreement or because you own the premises.
The duty will require you to manage the risk from asbestos
by:
- finding out of there is asbestos in the premises,
its amount and what condition it is in;
- presuming materials contain asbestos, unless you
have strong evidence that they do not;
- making and keeping up to date a record of the location
and condition of the AMSs (Asbestos Containing Materials)
or presumed ACMs in your premises;
- assessing the risk from the material;
- preparing a plan that sets out in detail how you
are going to manage the risk from this material;
- taking the steps needed to put your plan into action;
- reviewing and monitoring your plan and the arrangements
made to put in place; and
- providing information on the location and condition
of the material to anyone who is liable to work on
or disturb it.
Anyone who has information on the whereabouts of asbestos
in your premises is required to make this available
to you as the dutyholder. Those who are not dutyholders,
but control access to the premises, would have to co-operate
with you in managing the asbestos.
Checklist
Related links
Statutory
Instrument 2002 number 2675
Health and Safety
Executive
Contacts
Christopher Hodgson
Tel: 01522 698888
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