Asbestos Surveys

Are you a non-domestic property owner, property managing agent, tenant, employer or self employed?

From May 2004 the Control of Asbestos at Work Regulations 2002 imposed a duty to manage the risks posed by asbestos. That duty holder could be you - if you are ANY of the following:

A property owner, even if you do not occupy the premises;
A non-domestic tenant;
Responsible for redevelopment, maintenance or repair of a property; or
In control of premises, even WITHOUT a contract or tenancy.

If any of the above points apply to you and you have yet to assess your asbestos liabilities, you are not complying with the law and could face prosecution by the Health & Safety Executive.

There are a few basic steps required to achieve compliance with the Regulations:

Write and implement a management plan to assess asbestos risks;
Identify any potential asbestos-containing materials;
Record these findings and make them available where necessary;
Assess the risks of any identified or presumed asbestos-containing materials; and
Plan and implement a programme of abatement & regular re-inspections.

Under the Regulations you have to ensure that the people assessing the risks from asbestos are competent. Where you do not have this capability within your organisation, you can appoint a consultant to carry out the assessment, however, you have to be sure of their competence.

The management of heath risks posed by asbestos is governed by various legislations including:

The Control of Asbestos at Work Regulations 2002;
The Construction (Design & Management) Regulations 1994;
The Asbestos (Prohibitions) Regulations 1983 (as amended);
The Asbestos (Licensing) Regulations 1983 (as amended); and
The Health & Safety at Work etc. Act 1974.