Legislation
The Control of Asbestos at Work Regulations 2002 includes new duties to protect those who come into contact with asbestos unknowingly or accidentally, such as maintenance workers who are often not aware that they are working on materials containing asbestos.
The new regulations were designed to compliment the amendments made to three other related pieces of legislation, namely the:
- 1998 Amendment of the Control of Asbestos at Work Regulations;
- 1998 Amendment to the Asbestos (Licensing) Regulations;
- 1999 Asbestos (Prohibitions) Regulations.
The new Regulations will introduce a duty to manage the risk posed by asbestos-containing materials (ACM's), in non-domestic premises, but including the common areas of residential properties. The definition of the duty holder as explained in the statutory instrument available from HMSO, (Her Majesty's Stationery Office) is as follows:
"every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access there to or egress there from;"
The duty holder is required to:
- Assess whether the premises contains asbestos
- Assess the risk from the asbestos
- Take action to minimise the risk of exposure to asbestos fibres
- There is an additional duty on all those involved to "co-operate with the duty holder so far as is necessary to enable the dutyholder to comply with his duties under this regulation."
These duties are underpinned by a new Approved Code of Practice
'The management of asbestos in non-domestic premises' (L127) which backs up the Regulation and provides guidance to duty holders. There are also separate guidance documents on the new duty to manage.
'A short guide to managing asbestos in premises' (INDG223) gives basic advice and,
'A comprehensive guide to managing asbestos in premises' (HSG227) explains the full management process. Details are available from the HSE website.
