Your Duty to Manage Asbestos
Your Duty To Manage Asbestos Negligence can lead to imprisonment and heavy fines!
The Control of Asbestos at Work regulations 2002 introduced Regulation 4, the new explicit duty to manage asbestos in premises. The duty to manage will require those in control of premises to:
- Ascertain whether there are asbestos containing materials in the premises assessing the amount, type and condition etc
- Presume materials contain asbestos unless there is strong evidence to prove otherwise
- Up date and maintain the record of the location and condition of the asbestos containing materials or presumed asbestos containing materials in the premises
- Assess the risk from the materials in light of the condition, position, surface treatment and extent of the asbestos containing material over time
- Prepare a plan setting out how the risks from the materials are to be managed
- Take the necessary steps to put the plan into action
- Review and monitor the plan periodically
- Provide access to information of known asbestos containing materials or presumed asbestos containing materials to anyone who is liable to work with or disturb asbestos.
This means that owners, employers and managers of non-domestic properties (this also includes managed residential premises), assess where relevant, and have in place, a managed asbestos survey, whether work on the premises is planned or not.
Regulation 4 will enable contracted workers to assess correctly the nature of a material before the work is carried out, thus eliminating the risk of uncontrolled damage to asbestos containing materials.
Consequences of not taking action, H.S.E Inspectors have the power to issue prohibition notices closing areas or entire sites. Companies can be fined an unlimited amount and individuals £20,000. Responsible individuals can be imprisoned for up to two years. Directors can be disqualified.
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