Legal Information on Asbestos Survey & Removal

Asbestos - LEGAL OBLIGATIONS

You have a duty of care to the people who use and work in your buildings to protect them against exposure to asbestos fibres. If you fail in this duty you may be prosecuted. The legislation is not aimed at achieving removal of all asbestos, in fact in many cases this will be the least favoured option.

The legislation sets out to remove the likelihood of exposure to asbestos fibres by having clear records of location and condition, and established management programmes, including regular inspections and updated risk assessments, which prompt required remedial action.

Duty to manage

In November 2006 the Approved Code of Practice ("ACOP") covering regulation 4 of the Control of Asbestos Regulations 2006 came into force (replacing all earlier codes of practice). This ACOP substantively unchanged, places a legal duty on employers to assess the risk of asbestos within their properties and take action to manage it.

Who has a duty to manage asbestos?

A wide range of people potentially have obligations under this regulation, including employers and the self-employed, if they have responsibilities for maintaining or repairing non-domestic premises and the owner of the premises whether they are occupied or vacant.

The legislation is quite clear, from November 2006 if you own, lease or manage a commercial building you have a legal responsibility to take reasonable steps to establish and record the location and condition of asbestos within the fabric and structure of your building.

The essential requirements of the Duty to Manage include:

Finding materials which contain asbestos
Assessing the risk of anyone being exposed to these materials
Making a written record of the location and the condition of these materials and keeping it up to date and available to anyone who may disturb them
Repairing or removing any materials which may release fibres
Monitoring the condition of the materials.

Many insurance companies now require evidence of compliance with regulation 4 prior to policy renewal.

Many commercial buildings have had asbestos in their structure and this has laid undisturbed and low risk for decades. Unless major refurbishments or demolition are planned, then the risk will continue to be small but there is a real risk to unsuspecting contractors who may drill or cut the material. It is illegal to put these people at risk.....keep your asbestos records up to date.....and available.

Zeras Industries offers a complete solution to the management of asbestos.