Understanding the Control of Asbestos Regulations 2012: Is an Asbestos Survey a Legal Obligation?
The Control of Asbestos Regulations 2012 was introduced to regulate the use of asbestos and reduce the risk of exposure.
Introduction to the Control of Asbestos Regulations 2012
The Control of Asbestos Regulations 2012 is a UK law that was introduced to regulate the use of asbestos and reduce the risk of exposure. The regulations apply to all buildings with the most widely recognised regulation being regulation 4, which refers to the duty to manage asbestos in non-domestic buildings, including: industrial and commercial properties, as well as communal areas within domestic buildings, such as stairwells and lifts. The regulations require employers, duty holders, and building owners to manage asbestos in their premises to ensure that anyone who may come into contact with it is protected from exposure.
The regulations set out specific requirements for the management of asbestos, including the requirement for an asbestos management plan and an asbestos survey. Failure to comply with the regulations can result in severe penalties.
Understanding the role of the duty holder
A duty holder is a person who has responsibility for maintaining and repairing a non-domestic building, or who has control over the building or part of it. This may include the employer, landlord, or building owner. The duty holder has a legal obligation to manage asbestos in their premises and ensure that anyone who may come into contact with it is protected from exposure.
The duty holder must identify the presence of asbestos in their premises and assess the risk of exposure. They must also prepare an asbestos management plan, which sets out how the asbestos will be managed and monitored. The management plan must be reviewed and updated regularly to ensure that it remains effective.
When is an asbestos survey required under the Control of Asbestos Regulations 2012?
The question of whether it is required to do an asbestos survey in a building has yet to be answered.
From the legal standpoint, it is not necessary to do so. However, the Control of Asbestos Regulations 2012 (CAR 2012) does state that the duty holder of a non-domestic property must take measures to identify whether there are any asbestos-containing materials (ACMs) present, as well as their condition and amount. CAR 2012 also states that it must be presumed that materials contain asbestos unless there is strong evidence to the contrary.
Having a management plan in place for any building constructed prior to the year 2000 is a legal requirement and as part of an asbestos management plan, there is a requirement for the duty holder for a given non-domestic premises must take reasonable steps to ascertain whether there are ACMs in the premises – and the location, condition, and amount of those materials. Therefore, it is essential to arrange an asbestos survey in order to comply with the obligations of CAR 2012. Not only that, but you must also have a robust asbestos management plan in place of which the asbestos management survey forms only a part.
There are three types of asbestos survey: management surveys, refurbishment surveys and demolition surveys. The management survey is required to identify the presence and condition of ACMs in a building, while the refurbishment and demolition surveys are required before any refurbishment or demolition work takes place.
Types of asbestos surveys
There are three types of asbestos surveys: management surveys, refurbishment surveys and demolition surveys. The management survey is the most common survey and is required to identify the presence and condition of ACMs in a building as part of an effective asbestos management plan. The survey is non-intrusive and involves sampling and analysis of suspected ACMs.
Refurbishment and demolition surveys are required before any refurbishment or demolition work takes place. The surveys are intrusive and involve sampling and analysis of all areas of the building that will be affected by the work. The surveys are necessary to ensure that any ACMs are identified and safely removed before the work begins.
Asbestos survey reports and their importance
An asbestos survey report is a document that details the findings of the survey. The report will identify the location, type, and condition of any ACMs present in the building. The report will also provide recommendations for the management of the asbestos and any necessary remedial action.
The asbestos survey report is an important document that must be kept up to date and made available to anyone who may come into contact with the asbestos. The report will also be required if any refurbishment or demolition work is planned, as it will provide information on the location and condition of any ACMs present in the building.
Asbestos management plans
Often overlooked by duty holders as well as 'professional' asbestos consultancies, an asbestos management plan IS A LEGAL REQUIREMENT.
An asbestos management plan is a document that sets out how the asbestos in a building will be managed and monitored. The plan must be prepared by the duty holder and must include the following:
• A description of the premises and the asbestos-containing materials present
• Details of the risk assessment and how the risk of exposure will be managed
• Procedures for dealing with any incidents or emergencies involving asbestos
• Training requirements for anyone who may come into contact with the asbestos
• A timetable for reviewing and updating the plan
The asbestos management plan is an important document that must be kept up to date and made available to anyone who may come into contact with the asbestos. The plan will also be required if any refurbishment or demolition work is planned, as it will provide information on the location and condition of any ACMs present in the building.
Penalties for non-compliance with the Control of Asbestos Regulations 2012
Non-compliance with the Control of Asbestos Regulations 2012 can result in severe penalties. The penalties vary depending on the nature and severity of the non-compliance, but can include fines and imprisonment.
If a duty holder fails to identify the presence of asbestos in their premises, or fails to manage the asbestos effectively, they may be prosecuted under the Health and Safety at Work etc. Act 1974. This can result in unlimited fines and/or imprisonment.
Conclusion: Importance of complying with the Control of Asbestos Regulations 2012
In conclusion, the Control of Asbestos Regulations 2012 is a UK law that was introduced to regulate the use of asbestos and reduce the risk of exposure. The regulations require employers, duty holders, and building owners to manage asbestos in their premises to ensure that anyone who may come into contact with it is protected from exposure.
Complying with the Control of Asbestos Regulations 2012 is essential to protect the health and safety of anyone who may come into contact with asbestos. Failure to comply with the regulations can result in severe penalties, including fines and imprisonment. Asbestos surveys and management plans are essential tools in managing asbestos effectively and ensuring compliance with the regulations.
Reach out to one of our super friendly team today to complete your FREE asbestos compliance audit.
