Asbestos Management

ASBESTOS MANAGEMENT PLANS

While all of us by now know the dangers of asbestos and the need to take precautions, however the fact is most owners or others responsible for the maintenance of Non domestic Premises, don’t realise that they are in Breach of the “Control of Asbestos Regulations 2006” by not having in place an Asbestos Management Plan.

This dosen’t actually mean that you have to have to have had an asbestos survey, as the Regulation say it is the duty is to manage the risk and not a duty to survey. It is however a fact that if you don’t have a survey that you may have to presume that many materials in the building contain asbestos, and so without confirmation that they are clear, you could be managing risks on a items that you shouldn’t have to.

If you require a survey as well there are two types firstly Management surveys with or without sampling (formerly Type 1 and 2) are all that are required, or secondly if you are undertaking building and maintenance work when a “Refurbishment and Demolition Survey” (old type 3) is required.

While a building constructed after 1999 should have no possibility of containing Asbestos, there is however nothing in the regs to exempt this for having an Asbestos Management survey, so presumably one is still required here.

McLeman QS Network can now offer a service to prepare this Asbestos Management Plan for you. We are familiar with the Regs and have prepared a format that fully satisfies all your obligations. We can advise on whether a survey is required and help organise this. E-mail us here to discuss it furrther and get a fixed price quotation asbestos@mcleman.net .

Read on to further understand the duty to manage Asbestos….

The duty to manage Asbestos

The duty to manage is directed at those who manage non-domestic premises: 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.

What is the Duty?

The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations 2006. It requires the person who has the duty (i.e. the "dutyholder") 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, a record of the location and condition of the asbestos containing materials - or materials which are presumed to contain asbestos; · assess 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 as is necessary to allow the dutyholder to comply with the above requirements.

Who Has The Duty?

In many cases, the dutyholder is the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises through an explicit agreement such as a tenancy agreement or contract.

Remember McLeman QS Network can now offer a service to prepare this Asbestos Management Plan for you. We are familiar with the Regs and have prepared a format that fully satisfies all your obligations. We can advise on whether a survey is required and help organise this. E-mail us here to discuss it further and get a fixed price quotation asbestos@mcleman.net .

If you are still not convinced and want to read the extract from the regulations carry on below….

Extract from Control of Asbestos Regs 2006

Duty to manage asbestos in non-domestic premises
4. —(1) In this regulation "the dutyholder" means—
(a) 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 thereto or egress therefrom; or

(b) in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom,
and where there is more than one such 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.

(2) Every person shall cooperate with the dutyholder so far as is necessary to enable the dutyholder to comply with his duties under this regulation.

(3) In order to enable him to manage the risk from asbestos in non-domestic premises, the dutyholder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises.

(4) In making the assessment—
(a) such steps as are reasonable in the circumstances shall be taken; and

(b) the condition of any asbestos which is, or has been assumed to be, present in the premises shall be considered.
(5) Without prejudice to the generality of paragraph (4), the dutyholder shall ensure that—
(a) account is taken of building plans or other relevant information and of the age of the premises; and

(b) an inspection is made of those parts of the premises which are reasonably accessible.
(6) The dutyholder shall ensure that the assessment is reviewed forthwith if—
(a) there is reason to suspect that the assessment is no longer valid; or

(b) there has been a significant change in the premises to which the assessment relates.
(7) The dutyholder shall ensure that the conclusions of the assessment and every review are recorded.

(8) Where the assessment shows that asbestos is or is liable to be present in any part of the premises the dutyholder shall ensure that—
(a) a determination of the risk from that asbestos is made;

(b) a written plan identifying those parts of the premises concerned is prepared; and

(c) the measures which are to be taken for managing the risk are specified in the written plan.
(9) The measures to be specified in the plan for managing the risk shall include adequate measures for—
(a) monitoring the condition of any asbestos or any substance containing or suspected of containing asbestos;

(b) ensuring any asbestos or any such substance is properly maintained or where necessary safely removed; and

(c) ensuring that information about the location and condition of any asbestos or any such substance is—
(i) provided to every person liable to disturb it, and

(ii) made available to the emergency services.
(10) The dutyholder shall ensure that—
(a) the plan is reviewed and revised at regular intervals, and forthwith if—
(i) there is reason to suspect that the plan is no longer valid, or

(ii) there has been a significant change in the premises to which the plan relates;
(b) the measures specified in the plan are implemented; and

(c) the measures taken to implement the plan are recorded.
(11) In this regulation, a reference to—
(a) "the assessment" is a reference to the assessment required by paragraph (3);

(b) "the premises" is a reference to the non-domestic premises referred to in paragraph (1); and

(c) "the plan" is a reference to the plan required by paragraph (8).

Remember McLeman QS Network can now offer a service to prepare this Asbestos Management Plan for you. We are familiar with the Regs and have prepared a format that fully satisfies all your obligations. We can advise on whether a survey is required and help organise this. E-mail us here to discuss it furrther and get a fixed price quotation asbestos@mcleman.net .

Regulated by RICS