The Control of Asbestos at Work Regulations 2002 (CAWR) introduce an explicit Duty to Manage asbestos in non-domestic premises, which came into force on 21 May 2004.
If you are responsible for any non domestic property:
IT IS NOW YOUR LEGAL DUTY TO PUT INTO PRACTICE REASONABLE STEPS TO ASCERTAIN IF THERE ARE ANY ASBESTOS CONTAINING MATERIALS (A.C.M.s) ON YOUR PREMISES.
THE PENALTIES FOR NON COMPLIANCE COULD BE SEVERE
1.Imprisonment of individuals of up to 2 years.
2.Unlimited fines for companies and up to £20,000 for individuals.
3.Disqualification of directors.
4.The closure of entire sites by H.S.E inspectors
The Duty to Manage requires those in control of premises to:
Take reasonable steps to determine the location and condition of materials likely to contain asbestos; (this means have an asbestos survey undertaken by a professionally qualified asbestos surveyor)
Presume materials contain asbestos unless there is strong evidence that they do not; (in other words presume that everything in your building contains asbestos, even if the building is only a few years old)
Make and keep an up to date record of the location and condition of the ACM’s or presumed ACM’s in the premises;(this means have a fully comprehensive asbestos compiled by your surveyor and update it when works are undertaken and/or by regular inspection)
Assess the risk of the likelihood of anyone being exposed to fibres from these materials; (this means before works of any kind are undertaken on your premises, reference should be made to your asbestos register and the contractors advised accordingly)
Prepare a plan setting out how the risks from the materials are to be managed; (this means working on the recommendations of your asbestos surveyor)
Take the necessary steps to put the plan into action; (this means implementing either a removal or management programme is asbestos is identified)
Review and monitor the plan periodically; and provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.
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