DUTY TO MANAGE
These regulations include the regulation, 'duty to manage asbestos in non-domestic premises - regulation 4'.
This duty places a responsibility and duty on "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....". Such person is referred to as the "duty holder" within the legislation. This generally means building owner or tenant if leased on a full repairing lease
The duty is to "ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises". This means an asbestos survey is required by a suitably qualified surveyor.
If the survey identifies the existence or likelihood of asbestos in the premises then the duty holder shall ensure that
- a determination of the risk from that asbestos is made
- a written plan identifying those parts of the premises concerned is prepared; and
- the measures which are to be taken for managing the risk are specified in the written plan
The duty holder must also ensure that the plan includes procedures for:
- monitoring the condition of any asbestos or any substance containing or suspected of containing asbestos
- ensuring any asbestos or any such substance is properly maintained or where necessary safely removed
The duty holder must also ensure that the the location and condition of any asbestos or any such substance is provided to every person liable to disturb it, and made available to the emergency services.
The duty holder shall ensure that the plan is reviewed and revised at regular intervals.
INFORMATION, INSTRUCTION AND TRAINING
These regulations include the regulation, ‘Every employer shall ensure that adequate information, instruction and training is given to those of his employees - regulation 10'.
1) Every employer shall ensure that adequate information, instruction and training is given to those of his employees—
(a) who are or who are liable to be exposed to asbestos, or who supervise such employees, so that they are aware of—
(i) the properties of asbestos and its effects on health, including its interaction with smoking,
(ii) the types of products or materials likely to contain asbestos,
(iii) the operations which could result in asbestos exposure and the importance of preventive controls to minimise exposure,
(iv) safe work practices, control measures, and protective equipment,
(v) the purpose, choice, limitations, proper use and maintenance of respiratory protective equipment,
(vi) emergency procedures,
(vii) hygiene requirements,
(viii) decontamination procedures,
(ix) waste handling procedures,
(x) medical examination requirements, and
(xi) the control limit and the need for air monitoring,
in order to safeguard themselves and other employees; and
(b) who carry out work in connection with the employer's duties under these Regulations, so that they can carry out that work effectively.
(2) The information, instruction and training required by paragraph (1) shall be—
(a) given at regular intervals;
(b) adapted to take account of significant changes in the type of work carried out or methods of work used by the employer; and
(c) provided in a manner appropriate to the nature and degree of exposure identified by the risk assessment, and so that the employees are aware of—
(i) the significant findings of the risk assessment, and
(ii) the results of any air monitoring carried out with an explanation of the findings.
