Asbestos Legislation

Asbestos is a deadly dust that should not be allowed to enter our homes or the place where we work. Recent asbestos legislation – the most recent of which is the Control of Asbestos at Work Regulations 2002 – addresses this issue.

In addition to imposing a duty upon employers to prevent exposure of their workers to the dangerous mineral fiber known as “asbestos,” this new asbestos legislation imposes new duties. These include the duty to protect those who came into contact with asbestos without their knowledge or by an accident. Included under this are maintenance workers who are often unaware that they are working on materials that contain asbestos.

This new asbestos legislation was designed to complement the amendments made on three other pieces of related asbestos legislation, as follows:

* 1998 Amendment to the Asbestos Licensing Regulations
* 1998 Amendment of the Control of Asbestos at Work Regulations
* 1999 Asbestos Prohibitions Regulations

What is Added

The specific duties introduced by the new asbestos legislation include a duty to manage the risk posed by materials containing asbestos (ACMs). It is made to encompass not only non-domestic premises but also residential properties, specifically the common areas of such properties.

According to the asbestos legislation, the definition of the duty holder is explained as follows:

“…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 or any means of access thereto or egress therefrom…”

His duties under asbestos legislation include:

* Assessment of the premises to determine if they contain asbestos

To find out if there are materials containing asbestos in the premises, take the following steps:

Ø Look at existing plans
Ø Consult others, such as maintenance staff and employees
Ø Make a comprehensive inspection of areas in the premises that are readily accessible

* Assessment of the risk from asbestos

If you find that there are indeed materials that contain asbestos in the premises, it is best to leave them in place and instead introduce a management system. However, if the material is in poor condition or removal is required, then hire licensed contractors if necessary to remove the ACM (asbestos-containing material).

* Taking action in order to minimize the risk of exposure to asbestos fibers

Use the risk assessment as your basis in determining the type of action you will have to take to manage exposure. Be sure to identify the parts of the premises with high asbestos exposure risk in your written action plan.

On the other hand, for all those who are involved, the new asbestos legislation imposes the duty to cooperate with the duty holder so that he may be able to comply with all that is required of him under the asbestos legislation.