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Asbestos Law and Legislation

Due to the fact that asbestos is now regarded as a hazardous material there have been a number of statutory instruments enacted that lay down regulations and legislation related to it. In a domestic or commercial / business environment it is possible that a number of different people may have contact and various individuals responsible for compliance. Owners and landlords have a reponsibility to residential or commercial tenants. Employers have a responsibility to their employees and professional contractors are required to be registered, suitably qualified and to deal with asbestos as laid down in the legislation. The law is intended to protect workers and residents from exposure and unnecessary dealings with asbestos and workplace legilsation also covers training, risk assessment, permissable contact and more. A simple overview of any legislation or UK laws would be almost impossible and for further details you should consult the appropriate document below.

Control of Asbestos at Work Regulations 2002

The Control of Asbestos Regulations 2006

'Asbestos Reference' is the site for info relating to identifying asbestos and the careful management, removal and disposal of sheeting, insulation and other products made from the material. All information provided at this site is offered on a non-professional basis and you should take all sensible precautions and consult qualified UK professional organisations and contractors when dealing with asbestos.

Legislation (CAWR 2002)
The Control of Asbestos at Work Regulations 2002 now places an explicit duty on those responsible for workplace safety in relation to asbestos. The Control of Asbestos at Work Regulations 2002 (CAWR) came into effect on 21 May 2004 in the UK. It means that owners, employers and managers of non-domestic properties (including managed residential properties) are legally required to assess and, if relevant, have in place a managed asbestos survey - whether work is required or not.

The responsibility rests with the 'duty holder' defined by the Act as:-

Every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access to or from such premises.
Where there is no contract or tenancy every person who has control of that part of the non-domestic premises or any means of access to or from such premises.
Where there is more than one dutyholder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.

Any duty holder must now:-

Take reasonable steps to determine the location and nature of asbestos and presumed asbestos materials present by May 21st 2004.
Keep and regularly update a register of the location, condition, maintenance and removal of all asbestos materials.
Manage all aspects of asbestos materials that are to remain in place by means of a management plan.
Inform anyone who is likely to disturb asbestos containing material about its location and condition.

The primary aim of the legislation is to protect employees and save lives. Thanks to the new regulations, contracted site workers will be given accurate knowledge of the materials they are working with before they begin. This will eliminate the risk of accidental or uncontrolled damage to asbestos containing materials and exposure of workers to potentially harmful fibres.

The importance of asbestos management will greatly affect non-domestic property owners and employers. However, if properly controlled and maintained, there is no reason why asbestos containing materials cannot remain in use for many years.Failure to comply with the new legislation could leave you liable to prosecution. Consequences could be:

Closure of part or all of your business.
Fines of up to £20,000 for individuals or unlimited fines for companies.
Up to two years in prison.
Disqualification of directors.

More specifically, the CAWR introduced Regulation 4, the new EXPLICIT duty to manage asbestos in premises. The regulations' basic requirements mean that anyone responsible for business premises must:

Locate asbestos-containing materials and determine their condition.
Presume materials contain asbestos unless there is strong evidence to the contrary.
Create a written record of the location and condition of asbestos.
Assess the risk from the materials.
Plan how to manage asbestos in the future and review and monitor this plan regularly.
Ensure that anyone who needs to know where asbestos is, e.g. individuals carrying out building work, is given accurate information.