Are you ready for the Control of Asbestos At Work Regulations?

In force from November 2002 but part deferred to allow time for "Duty Holders" to prepare. Your time is up from 21 May 2004!

"Duty Holder" includes anyone who has maintenance or repairing responsibilities for non-domestic premises or the means of access to them, or any person controlling those premises or access. Commercial property freeholders, employers, landlords, tenants, managing agents, licencees, lenders, investors and developers are included.

The "Duty Holder" must assist, manage and provide information on the risk of asbestos by carrying out an investigation to determine whether there is likely to be any asbestos present and, if so, to assess its condition.

A risk assessment must be performed and written-up including the likelihood of anyone being exposed.

A risk management system must be prepared, implemented and regularly monitored.

A plan of the premises must be prepared, identifying the location and condition of any asbestos and available to anyone who is likely to disturb it e.g. service personnel, contractors, emergency services.

Ignore these requirements at your peril! Enforcement action can be taken by the Health & Safety Executive. Prosecution can result in an unlimited fine in the Crown Court.

What if you don't have the expertise? Contact a surveyor to arrange a preliminary assessment. Beware of contacting a specialist contractor too early. Some may advise removal at high cost which could remain without risk. A useful first point of contact is Asbestos Watchdog www.asbestoswatchdog.co.uk.

Andrew Woods
Partner

4 December 2003