The Control of Asbestos Regulations 2012, Regulation 4 – ‘The Duty to Manage’ or ‘The management of asbestos in non domestic premises’:
Who has a duty to manage Asbestos?
A wide range of people potentially have obligations under this regulation, including employers and the self employed, if they have responsibilities for maintaining or repairing non domestic premises , and the owner of those premises, whether they are occupied or vacant. In all these cases, regulation 4 of the Asbestos Regulations may apply, but the extent of the practical duties will be determined by contractual and other legal obligations towards the property. This is explored in more detail within Approved Code of Practice and Guidance L127 ‘The management of asbestos in non-domestic premises’
The Asbestos Management Myth:
“I have had an asbestos survey and have therefore complied with the duty to manage”
A survey is merely a tool to be utilised in achieving effective compliance with the duty to manage.
The regulation requires: Taking reasonable steps to find asbestos containing materials in premises and checking their condition; presuming materials contain asbestos unless there is strong evidence to suppose they do not; keeping an up to date written record of the location and condition of asbestos containing materials; assessing the risk of exposure to asbestos containing materials; and preparing and putting into effect a plan to manage the risk.
Oracle have the solutions for all of your asbestos management needs:
To comply with the regulations, duty holders are required to:
a) take reasonable steps to find materials in premises likely to contain asbestos and check their condition.
Oracle provide full and detailed surveying services.
b) presume that materials contain asbestos unless there is strong evidence to suppose they do not.
Oracle are able to assist and provide expert advice on this requirement. This is normally aimed at a property which has not had an asbestos survey carried out, however there are circumstances that surveyed buildings will need to comply with this requirement. A typical example of this is where an asbestos survey is unable to access an area (unless a full access survey has been undertaken Refurbishment or Demolition Survey), such as an enclosed floor void. It must be presumed that until such a time as this area is accessed (normally during refurbishment or demolition) that asbestos containing materials are present. Oracle detail all such areas and presumptions within our survey reports.
c) make a written record of the location and condition of asbestos and presumed asbestos containing materials and keep the record up to date.
Oracle provide full written documentation of asbestos type, location, condition and extent, within each survey report. Additional to this is a full asbestos register with specific asbestos containing material details. In order to keep these documents up to date Oracle have designed the asbestos register in such a way as to enable the end user to record any changes should they occur. Further to this it is Oracles standard procedure, should we be asked to carry out any repair, removal or additional inspections, to provide a fully updated asbestos register.
Oracle can also provide a full and detailed electronic asbestos database or register. This is normally required where the client has an extensive portfolio. There is an additional service we can provide, which is a live on line database. Please contact us for further information.
d) assess the risk of the likelihood of anyone being exposed to those materials;
Although during each and every survey Oracle undertake asbestos risk assessments in accordance with HSG 246 Asbestos: The Survey Guide, additional ‘priority risk assessments’ are required. These are risk assessments that require input from the buildings users / occupiers and determine the potential risk dependant upon how the building or location is utilised. Oracle can advise and aid in the process of completing these assessments and update the asbestos survey / register as required.
e) prepare a plan to manage that risk and put it into effect to ensure that;
Oracle provide a full policy and procedural solution, which includes full documentation specifically written for each and every client dependant upon their business requirements.
i) any material known or presumed to contain asbestos is kept in a good state of repair;
Oracle solutions provide full information within each survey as to the recommended re-inspection date of each asbestos containing material. These re-inspection periods are in full accordance with Approved Codes of Practice. Oracle Solutions provide a full re-inspection survey service. Re-inspection surveys include full and detailed updates to the asbestos register. We will always advise as to best practice in any protection required for asbestos containing materials to prolong their life span and reduce the risk of accidental damage.
ii) any material that contains or is presumed to contain asbestos is, because of the risks associated with its location or condition, repaired or if necessary removed; and
Oracle provide a full asbestos repair and HSE licensed removal solution where required.
iii) information on the location and condition of the material is given to anyone potentially at risk.
Oracle can provide, alongside the policy and procedural documentation detailing how this will be achieved, various options and solutions dependant upon the individual clients requirements.
Contact us to discuss any of your asbestos management needs!