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Asbestos - the hidden menace

 

On the 21st May 2004 the control of Asbestos at Work 2002 Regulations finally came into force. Do not let references to “non-domestic places” and the “work place” mislead you, for the legislation also applies to common areas of domestic premises including house developments and blocks of flats in both the rented and owner occupied sectors (for example lifts, stairwells, corridors, offices, yards, garages, outhouses, roofing, boiler houses and other communal areas).

The duty to manage requires the duty holder to:

take reasonable steps to find asbestos on their premises and assess the condition of these materials
   
presume that materials do contain asbestos unless there is strong evidence they do not
   
prepare a record of the location and condition of asbestos or presumed asbestos materials and assess the risks from them
   
prepare and implement a plan to manage those risks
   
provide information on the location and condition of those materials to anyone who is liable to disturb them (e.g. plumbers, carpenters and electricians).

The legislation places an emphasis on taking reasonable steps, consequently in a small complex a walk through inspection by a competent person may be adequate - providing he summarises his findings in a formalised document. Only if, at a later date, work is planned that could disturb any material that may contain asbestos will a full survey including sampling be appropriate.

 

Where premises are more complex or where maintenance or refurbishment is planned then a full survey is more appropriate - including the testing of materials. The legislation does not require you to remove all asbestos. The material is only a risk to health when it releases its fibres, so where the material is in a good condition and in a location where it will not be disturbed it should be left in place and effectively managed. The duty of care requires that you make available information on the location and condition of the asbestos to anyone likely to work on it or disturb it.

Any employees involved in building maintenance work or any contractors working on the premises should be informed by you if the building contains or may contain asbestos. They should also be told where it is and that they are at potential risk to their health if they disturb it. Those installing pipes, cables, computer equipment and telephones could also disturb asbestos during their work - particularly in inaccessible areas that may not have been surveyed for asbestos previously. The risk extends to the emergency services, particularly the Fire Brigade, and it is suggested that Residential Management Companies’ Directors contact their local brigade for the sharing of information.

The duty to manage is vested in all those who have responsibility for the maintenance and repair of premises i.e. invariably the directors of a Residential Management Company.

If you want further information on your responsibilities in managing asbestos and a guide to engaging the services of a contractor, the Health and Safety Executive’s Comprehensive Guidance on managing asbestos (227) provides useful tips on the tendering and contracting process - see their website www.hse.gov.uk/
 
       
   

Disclaimer

This article was taken from Residentsline Newsletter No 8, published in Spring 2005.

Whilst Residentsline makes every effort to ensure that the articles included in the Residentsline Newsletter are accurate at the time of going to press it is inevitable that, as time goes by and circumstances change, the articles may contain out of date information . Readers are strongly urged to check the content of these articles before taking any action that could have legal or financial consequences.