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Frequently Asked Questions
What do I do about my asbestos?
When the average person is faced with this question, the thinking is one of vast expenditure with no return, but when looked at in more detail and with more understanding, it can be appreciated as a manageable risk.
The Health and Safety Executive has introduced legislation with which all commercial businesses are required to comply. The new regulations require every employer (Duty Holder) to identify and manage any asbestos found in their premises. They have to have an Asbestos Management Plan, carry out risk assessments and maintain an Asbestos Register detailing the probable exposure to it by their employees and to third party contractors for a period of 40 years.
This does not mean that all Asbestos has to be removed from their property, which would be a very costly exercise. Although, for those businesses able to take advantage, there is a tax incentive to replace Asbestos Containing Materials (ACM's) in their property. That is, all costs relating to the replacement with modern building materials can be reclaimed against income tax to the tune of 150%, quite an incentive!
Why is the new Duty to Manage asbestos needed?
Much has been done to minimise the risk associated with asbestos. The use, supply and importation of asbestos and asbestos products are controlled by strict Regulations. Any work with, on or around asbestos is also closely controlled, with many types of work requiring a licence. However, these Regulations only protect workers from exposure to asbestos when the presence of asbestos is known. At least a quarter of those dying from asbestos-related diseases have worked in the maintenance and building trades.
It is for the protection of those people who may be unknowingly exposed to asbestos fibres during their day to day work, such as plumbers, electricians, cable layers, gas fitters, painters and decorators, that the Duty to Manage has been introduced. The Duty seeks to ensure that asbestos in premises will be located, recorded and managed. Then those who may disturb or come into contact with it are informed of its location so they can take suitable precautions.
Who will be the Duty Holder?
All those who have responsibility for the maintenance and/or repair of non-domestic premises have duties under this regulation. The extent of the legal duty is determined by the terms of any tenancy agreement or contract that applies, and in the absence of any such agreement, on the degree of control the party has over the premises.
The duty holder may be the Business Owner, the Landlord or Tenant depending on the circumstances of the case. In some cases responsibility could be shared between two or more parties.
The regulation also includes a duty to co-operate, which applies widely. This will, for example, require a landlord to pass information on asbestos to a new tenant. Similarly a tenant must co-operate by allowing a landlord to gain access to a building, for example, to carry out a survey. Also, a building surveyor or architect who has plans which show information on the whereabouts of asbestos would be expected to make these available to the duty holder at a reasonable cost.
What premises will the legislation apply to?
The legislation applies to all non-domestic premises. This includes all commercial, public and industrial premises. It will also apply to common parts of domestic premises, for example stairwells, lift shafts and corridors in a block of flats.
What does the Duty Holder have to do to comply with the new legislation?
The new duty to manage requires the duty holder to take reasonable steps to find asbestos in the premises and assess the condition of these materials. The duty holder must:
Should I have achieved full compliance by 21 May 2004?
HSE recognises that for many the implementation of the full range of responsibilities detailed within the duty to manage is going to take a considerable length of time and therefore it would be unrealistic to have expected full compliance by 21 May 2004; but we do expect to see evidence of having worked towards it.
However, it is essential that dutyholders embark immediately on a strategy that will bring about effective control of their asbestos risk. The full range of HSE's supportive guidance to aid implementation has been available since the end of last year, and a varied national programme of asbestos management events, many delivered by HSE's Partners, has been running since 2001 and will continue for the foreseeable future. All in all there has been ample opportunity for dutyholders to gain an appreciation of what it is that they need to be doing.
In terms of working towards compliance, an early action on dutyholders must be to introduce a precautionary approach to maintenance activities. This needs to ensure that maintenance staff are not put at risk by unknowingly working with, or around, asbestos materials. Until such times as dutyholders are able to confirm whether materials contain asbestos they must presume that the materials do so and with that ensure appropriate precautions are introduced and that other relevant Regulations are complied with.
It is important that any materials that could contain asbestos are in reasonable condition and not in a location where they could be disturbed and fibres inhaled. Dutyholders should carry out an assessment to find any materials that are in a poor condition and may contain asbestos. This has to be done early if those working on the premise are to be protected. This is not a survey, it is simply an inspection for damaged materials that could contain asbestos and present an immediate risk. Once these are dealt with a dutyholder will have time to implement an effective management plan.
So for some full compliance of the regulation will have been achieved by the 21 May 2004, but for others this would not be a realistic objective. However, they will be able to demonstrate that an appropriate Compliance Strategy was in place together with evidence of working towards its implementation.
Do I need to carry out a survey of all premises covered by the regulation?
Not necessarily. The regulation requires you to take 'reasonable steps' to find asbestos in your premises, this can be undertaken in a variety of ways.
The regulation calls for a proportionate approach and only requires a substantial survey where the risk warrants it. In many cases, for example a small shop where there is very little maintenance work, a walk through inspection may be adequate. In this example it is presumed that any material, unless it can be proved otherwise, contains asbestos, and its location and condition will be noted and an appropriate management plan introduced. If at a later date work is planned that could disturb the material then a full survey, including sampling, may be appropriate; the alternative being that work is carried out on the assumption that the materials contain asbestos. This latter option could lead to unwarranted expense.
Where the premises are more complex and/or accommodate work activity that has the potential to disturb materials, or where maintenance/refurbishment is planned, then a full survey is seen to be more appropriate, including the testing of materials.
For most premises it may well be that a combination of these two approaches will be your option. For example, a hospital has buildings that accommodate a variety of uses, the wards with their high level of 'people' activity would require a thorough survey with testing, whereas a store cupboard with limited access would only need a presumptive inspection. The need is to have a thorough understanding of your 'survey' options and go for the combination that is most appropriate for your premises, bearing in mind that any survey will only be a step towards managing your asbestos, and a poor or inappropriate survey could prove to be worse than no survey at all.
Who needs to know where Asbestos is?
The legislation requires that you make information on the location and condition of the asbestos available to anyone liable to work on it or disturb it. Any employees involved in building maintenance work and any contractors working on the premises should know if the building contains or may contain asbestos. They should also be told where it is and that there are potential risks to their health if they disturb it.
Where might Asbestos be in my building?
Some types of Asbestos Containing Materials (ACM) are perfectly stable and do not present a hazard to health. However, you may be surprised to know that asbestos can be found in the following common construction materials:
What sort of survey must I use?
There are three types of survey to be used under different circumstances:
Type 1
This is the bare minimum needed to comply with the Regulations. It involves a visual inspection only of all accessible areas of the premises and scoring construction materials (and plant & machinery) on a "worst case" basis, when they can not be visually identified.
Type 2
This involves the same visual inspection, but, in addition, the testing of suspect materials to prove the presence of Asbestos fibres. This does, of course, release areas found not to contain Asbestos from the restrictions otherwise placed on them by a Type 1 Survey.
Type 3
This type of survey is required for all demolition contracts and major refurbishment projects and includes destructive testing of all suspect areas and materials, including any that are normally inaccessible, to determine type and quantity of any Asbestos present.
Do I have to remove all asbestos?
NO
Asbestos is only a risk to health when it releases its fibres. So where the material is in good condition and in a location where it will not be disturbed it should be left in place and effectively managed.
Where asbestos materials are found to be in poor condition and/or are likely to be disturbed then removal may prove to be the appropriate option. However, you should firstly be considering repairing or sealing damaged materials, or where disturbance is an issue reorganise the workplace to avoid the risk. Where this can be achieved then leave the materials in place, record their presence and manage them effectively.
It should be remembered that removal of asbestos that is in good condition and is not likely to be disturbed would give rise to unnecessary risk and expense.
Where can I find more information?
We are continuing to support HSE, by publicising their Asbestos Awareness Campaign. This is part of our remit to improve health & safety in the construction industry with audited management information systems.