Asbestos Legislation

Asbestos has been identified as the largest occupational health killer in the second half of the twentieth century. Asbestos-related diseases account for an estimated 3,000 deaths a year in the UK and it is estimated that 50,000 people have died from mesothelioma and other conditions since 1968. Around one quarter of those currently dying once worked in the building and maintenance trades - where people can inadvertently be exposed to asbestos.

The Health and Safety Commission (HSC) was concerned that information on whether buildings have asbestos in them was not always passed to those at risk. HSC therefore proposed a new statutory duty - the duty to manage asbestos - on those responsible for non-domestic premises to determine the presence of asbestos in their buildings, and assess and control the risk from the material. This would be enacted by a new provision, Regulation 4 of CAWR. HSC consulted widely on its proposal and CAWR was laid before parliament on 31 October 2002 and came into force on 21 November 2002, with an eighteen-month lead in period for the duty to manage.

The duty will provide a new level of protection for those working in the building-related trades and others at risk from asbestos in buildings and will contribute to the saving of almost 5,000 lives through eliminating risks from asbestos in the non-domestic sector.

The two approved codes of practice (ACoPs) that supported the Control of Asbestos at Work Regulations have been revised. In particular they introduce improved requirements for the provision of training and for clearance procedures following asbestos work. As well as being updated to reflect current good practice, some minor changes were necessary to implement the health requirements of the Chemical Agents Directive (CAD) (insofar as they relate to asbestos). The ACoP providing general advice on the Regulations formerly titled The control of asbestos at work L27 has been revised and retitled Work with asbestos which does not normally require a licence. The ACoP covering work on high-risk materials has been revised but retains the title Work with asbestos insulation, asbestos coating and asbestos insulating board L28.

CAD was adopted by the European Council of Ministers on 7 April 1998 and sets minimum requirements for the health and safety of workers who deal with hazardous chemical agents, including asbestos.

Asbestos Surveys

The new duty, part of the Control of Asbestos At Work Regulations 2002 (CAWR), will require those with responsibilities for the repair and maintenance of non-domestic premises to find out if there are, or may be, asbestos-containing materials within them. It also requires them to record the location and condition of such materials, and then assess and manage any risk from them, including passing on information about their location and condition to anyone liable to disturb them.

• An initial survey identifies and quantifies the problem, level of hazard, the legal obligations of the owner and occupier, and the techniques and cost of safe removal and disposal.
• The identification of asbestos can occur either from such a survey or in the course of routine maintenance when we can act quickly to contain the area and render the site safe, before the standard 14 day Health & Safety Executive notice period.
• Assessment of priorities
• Costs estimates for work required
• Routine monitoring and asset record/register maintenance