Asbestos in Commercial Premises

The Control of Asbestos at Work Regulations 2002 (CAWR) introduced an explicit duty to manage asbestos in non-domestic premises, since replaced by the Control of Asbestos Regulations 2006. This important legislation tackled the biggest occupational health killer in the UK - asbestos-related disease. Of the 3,000 people currently dying each year from such diseases 25% have once worked in the building and maintenance trades and often would have worked unknowingly on or near to asbestos containing materials (ACMs).

Whilst virtually all other activities involving potential exposure to asbestos have now ceased, our evidence suggests that this vulnerable group is still at considerable risk from accidental exposure to asbestos.

The duty to manage requires those in control of premises to:

• take reasonable steps to determine the location and condition of materials likely to contain asbestos;
• presume materials contain asbestos unless there is strong evidence that they do not;
• make and keep an up to date record of the location and condition of the ACMs or presumed ACMs in the premises;
• assess the risk of the likelihood of anyone being exposed to fibres from these materials;
• prepare a plan setting out how the risks from the materials are to be managed;
• take the necessary steps to put the plan into action;
• review and monitor the plan periodically; and
• provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.

Complying with the regulations
The duty to manage asbestos came into force on 21 May 2004. The Regulations do not necessary require you to carry out a survey they require you to have controls in place to manage any possible exposure.

What should I be doing?
Check that your current arrangements for the management of asbestos within your premises are effective and are being applied properly;

• adopt a precautionary approach to maintenance work. Until a proper assessment has been carried out of your premises you must assume that all materials being worked on are asbestos, adopting the standards set out in 'Asbestos Essentials'. Alternatively you can carry out a 'mini survey' of the material being worked on before the work is done; and
• carry out an initial inspection of the premises to look for serious damage and disturbance of material and take effective remedial action as necessary.

What next?
Plan your compliance strategy. This should include:

• decision on the type of inspection/survey
• identification of who should carry out the work
• determine priorities in terms of which buildings first
• details of how information is to be recorded/retrieved
• consideration on how maintenance will be controlled.

The HSE's 'Comprehensive guide to Managing Asbestos in premises' (HSG227) provides valuable detailed guidance on the content and implementation of your strategy, together with the development of a longer term management plan.

Enforcement
Health and Safety Officers may ask questions when they are inspecting your premises regarding this issue. It will depend how far you have progressed with your controls as to what action they may take.

Supporting Material
INDG 223 (rev 3) - The HSE's updated version of the free leaflet entitled "A short guide to managing asbestos in premises". Click Here

MDHS 100 which provides technical guidance on surveying workplace premises for asbestos. Click Here.

For further information and details of wider publications, visit the HSE asbestos information page; Click Here.

These publications are available in hard copy form through the HSEbooks website. Click here. Or by mail order from;

HSE Books
PO Box 1999
Sudbury
Suffolk
CO10 2WA

Tel; 01787 881 165
Fax; 01787 313 995

Downloads:

File format	File title	File size / Download time
	A short guide to managing asbestos in premises	150K 56Kbps Modem: 22 Seconds Broadband: 1 Second
	Managing asbestos - your legal duties	84K 56Kbps Modem: 12 Seconds Broadband: 1 Second