The Control of Asbestos at Work Regulations came into effect on the 21st November 2002. Regulation 4 introduced a new duty concerning the management of asbestos and became enforceable in 2004. The regulations were further updated in The Control of Asbestos Regulations 2006 (CAR2006) and more recently in April 2012 (CAR2012).
The legislation relates to non-domestic properties, the common parts of blocks of flats are considered to fall into this category.
The duties in Regulation 4 rest with the person in control of maintenance in nondomestic premises, whether that be the occupier or landlord, sub-lessor or managing agent.
The first stage in compliance is to commission a management survey to HSG 264, the required industry standard, giving compliance to the first part of Regulation 4. This will identify an asbestos containing materials present in the building and enable us to provide you with an Register of those materials.
The survey is the first element required by Regulation 4, however the legislation goes further and requires any identified asbestos containing materials to be managed.
Managing The Asbestos Containing Materials
Under the Control of Asbestos Regulations (CAR2012 Regulation 4), you are required to manage any asbestos containing materials identified in the register so as to minimise the risk to persons who enter the building (ie staff, visitors, contractors etc) from becoming exposed to airborne asbestos fibre.
In order to assist you to fulfil this function, we can also compile Management Plans setting out an appropriate inspection programme of the asbestos containing materials. The legislation requires that the condition of the asbestos containing materials be reviewed at intervals of no longer than one year.
In addition to the monitoring and inspection regime, it is essential that you ensure that all staff and contactors who visit the site are asbestos aware. Evidence of this training should be sought prior to the commencement of any works in the property.
Furthermore, the latest copy of the Asbestos Register should be distributed to potential contractors so that they may review the document as part of their risk assessment for any proposed works. This is an explicit requirement of both Regulation 4 of CAR 2012 and of the Health and Safety Regulations 1999.