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The Law

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Duty To Manage

The Control of Asbestos Regulations (CAR) 2012 is key piece of legislation that covers the prohibition of asbestos as well as the control of asbestos products at work and the licensing of work on asbestos materials. Duty to manage asbestos in premises and the responsibilities of the ‘dutyholder’ is subject to Regulation 4 of CAR (2012).

The responsibility rests with the ‘duty holder’ defined by the Act as:

  • 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 thereto or egress there from; or…
  • In relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom.
  • Where there is more than one duty holder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.
Textured background of old asbestos roof sheets.
Asbestos hazard danger sign at construction site keep out.

Requirements

The requirements placed on the dutyholder under the Regulation 4 include:

  • Take steps wherever reasonably practicable to determine the location, extents and condition of any asbestos products in service on the premises’.
  • Presume the presence of asbestos within materials unless there is strong evidence to the contrary.
  • Compose and maintain an up to date record of the location, extent and condition of any confirmed and presumed ACM on the premises.
  • Undertake a risk assessment to quantify the likelihood of exposure of fibres from these materials to people and prepare an Asbestos Management Plan detailing how ACM on the premises will be managed. This plan must be periodically reviewed, monitored and updated in order to assess any changes in the ACM on the premises.
  • Steps must be taken to put the management plan into action and the plan must be made available to any contractor of employee who may be undertaking maintenance works or activities which have the potential to disturb ACM.

Guidance on the duty to manage asbestos can be found in the Approved Code of Practice The Management of Asbestos in Non-Domestic Premises, L127, ISBN 9780 7176 6209 8 and on the duty to manage area of the HSE website.

Management Surveys

The purpose of a management survey is to locate, as far as reasonably practicable, the presence and extent of any suspect ACM in the building which may be damaged or disturbed during the normal occupancy, including foreseeable maintenance and installation, and to assess their condition.

Involving minor intrusive works, sampling and analysis is used to confirm the presence or absence of ACM. Where sampling is not possible due to factors such as live electrics or no access, suspected materials are presumed to contain asbestos.

The Outcome Of The Survey Is:

Material Assessments for each confirmed and presumed ACM on the premises
Site plans incorporating details of sample points and the location and extent of any confirmed and presumed ACM. Full asbestos register detailing the location, description, extent, sample details, material assessment scores and recommendations for any confirmed or presumed ACM on site. The report as well as the material assessments, site plans and asbestos register are essential in compiling an effective management plans.

Broken Asbestos table. House, architecture.
Roof demoliion of corrugated board, asbestos

Refurbishment & Demolition

There is a specific requirement within the Control of Asbestos Regulations 2012 (Regulation 7) for all ACMs to be removed before major refurbishment or demolition. As such a Refurbishment/Demolition survey is required prior to any refurbishment or demolition work being undertaken on a premise. Utilised to locate and describe, as far as reasonably practicable, all ACM in an area where refurbishment or demolition is to be undertaken, a Refurbishment / Demolition survey is a fully intrusive investigation typically involving destructive inspection, as necessary, to gain access to all areas.

All ACMs found are quantified and their locations and extents noted on site plans and an asbestos register. Material inspection sheets are also undertaken for each material found. Although the condition of an ACM is not a requirement of the survey, Ledbury Surveys will endeavour to detail the state of any ACM, which will be vital with regards to the duty of care to manage the material should refurbishment or demolition works not be undertaken immediately.

It is important that the dutyholder is aware of these types of surveys in order that they may commission the most suitable investigation based on their requirements. Our consultants are always happy to discuss survey types and any individual requirements or questions which you may have regarding your property.

Areas We Cover

We specialise in providing asbestos surveys and removal to those who need it in and around the Birmingham and West Midlands area. Our services include surveys, management plans, removal, disposal and awareness training.