Indirect Asbestos Law
Overview of main Acts and Regulations which are indirectly asbestos related:
Note: There are many more pieces of legislation which can be interpreted to include asbestos duty’s and obligations. However the following are considered to be the most frequently referred to.
The Health & Safety at Work Act 1974 requires employers to conduct their work in such a way that their employees will not be exposed to health and safety risks and to provide information to other people about their workplace which might affect their health and safety. Section 3 of the Act contains general duties on employers and the self employed in respect of people other than their own employees. Section 4 of the Act contains general duties for anyone who has control, to any extent over a workplace.
The Management of Health and Safety at Work Regulations 1999 requires employers and self employed people to make an assessment of the risks to health and safety themselves, employees and people not in their employment, arising out of or in connection with the conduct of their business and to make appropriate arrangements for protecting those peoples health and safety.
The Workplace Health, Safety and Welfare Regulations 1992 requires employers to maintain workplace buildings so as to protect occupants and workers.
The Construction Design and Management Regulations 2007 (CDM) requires the client to pass on information about the state or condition of any premises (including the presence of hazardous materials such as asbestos) to the coordinator before any work begins and to ensure the health and safety file is available for inspection by any person who needs the information.
The Defective Premises Act 1972 requires landlords to take reasonable care to see that tenants and other people are safe from personal injury or disease caused by a defect in the state of a premises. Any premises in such a state as to be prejudicial to health, constitute a statutory nuisance under section 79 of The Environmental Protection Act 1990.