The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations 2006. It is incumbent upon the duty-holder to:
- 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;
- presume materials contain asbestos unless there is strong evidence that they do not;
- make and keep up-to-date records of the location and condition of the asbestos containing materials (ACM's) - or materials which are presumed to contain asbestos;
- asses the risk of anyone being exposed to fibres from the materials identified;
- prepare a plan that sets out in detail how the risks from these materials will be managed;
- take the necessary steps to put the plan into action;
- periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date; and
- provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.
There is also a requirement on anyone to co-operate as far is necessary to allow the duty-holder to comply with the above requirements. In many cases, the duty-holder is the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises through and explicit agreement such as a tenancy agreement or contract. The extent of the duty will depend on the nature of that agreement. In a building occupied by one leaseholder, the agreement might be for either the owner or leaseholder to take on the duty for the whole building; or it might be to share the duty. In a multi-occupied building, the agreement might be that the owner takes on the full duty for the whole building or it might be shared e.g. the owner takes responsibility for the common parts while the leaseholders take responsibility for the parts they occupy. Sometimes there might be an agreement to pass the responsibilities to a managing agent. In some cases, there may be no tenancy agreement or contract. Or, if there is. it may not specify who has responsibility for the maintenance or repair of non-domestic premises. In these cases, or where the premises are unoccupied, the duty is placed on whoever has control of the premises, or part of the premises. Often this will be the owner.
There are two types of survey.
THE MANAGEMENT SURVEY
The Management Survey purpose is required to manage ACM during the normal occupation and use of premises. The duty-holder can make a Management Survey when the premises is simple and straightforward, otherwise ASIS Risk Management are needed. The Management Survey aims to ensure that:
- nobody is harmed by the continuing presence of ACM in the premises or equipment;
- that the ACM remain in good condition; and
- that nobody disturbs it accidently.
The survey must locate ACM that could be damaged or disturbed by normal activiites, by foreseeable maintenance or by installing new equipment. It involves minor intrusion and minor asbestos disturbance to make a Materials Assessment. This shows the ability of the ACM if disturbed to release fibres into the air.
THE REFURBISHMENT / DEMOLITION SURVEY
The Refurbishment / Demolition Survey is required where the premises, or part of it, need upgrading, refurbishment or demolition. The survey does not need a record of the ACM condition.
The survey must locate and identify all ACM before any structural work begins at a stated location or on stated equipment at the premises. It involves destructive inspection and asbestos disturbance. The area surveyed must be vacated and certified 'fit for reoccupation' after the survey.
Please contact ASIS Risk Management to book a survey.
