The duty to manage asbestos (Regulation 4 of The Control of Asbestos Regulations 2012) is directed at those building owners, landlords and duty holders who manage non-domestic premises which were constructed prior to 2000.
These are the people with responsibility for protecting others who work in such premises, or use them in other ways, from the risks to ill health that exposure to asbestos causes.
In line with CAR 2012 measures, MCP have briefly recommended how the duty holder can do this below:
Take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in – MCP recommends having an asbestos survey carried out by a competent individual or organisation. HSG 264 recommends using an organisation which holds UKAS ISO 17020:2012 Accreditation for Inspections.
Presume materials contain asbestos unless there is strong evidence that they do not – The duty holder should ensure that they instruct the competent individual or organisation to carry out a comprehensive survey in accordance with HSG 264 which meets their occupancy requirements for the premises and allow full access on the date of survey. Note: Unless the surveyor is convinced that there is adequate evidence to conclude that the material is asbestos-free (e.g. plaster, plasterboard, wood etc), a presumption or strong presumption should be made that it is an ACM.
Make, and keep up-to-date, a record of the location and condition of the asbestos-containing materials - or materials which are presumed to contain asbestos – The duty holder should put the asbestos survey findings into a suitable asbestos register. This must be easily retrievable for all site personnel/visitors who are working in or around asbestos-containing materials.
Assess the risk of anyone being exposed to fibres from the materials identified – Consult with the duty holder to compile a priority risk assessment for each asbestos-containing material.
Take the necessary steps to put the plan into action – The duty holder’s competent person should put a suitable action plan in place for each asbestos-containing material which will be detailed in the management plan. In summary, any material known or presumed to contain asbestos is kept in a good state of repair and where because of the risks associated with its location or condition are repaired and adequately protected or, if it is in a vulnerable position and cannot be adequately repaired or protected, it is removed.
Periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date- The duty holder’s competent person or appointed organisation should periodically re-inspect all asbestos-containing materials to monitor their condition and also review the overarching asbestos management plan to ensure compliance to CAR 2012.
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