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Legislative Compliance

Asbestos

The 'Control of Asbestos at Work Regulations 2002' (CAWR) became statutory in stages, November 2002, May 2004 and November 2004. The regulations created a new legal duty to manage asbestos in circa pre 1990 non-domestic premises, although the common parts of residential rented properties were included.

Responsibility for implementing the legislation rests with the 'Duty holder', who is anyone responsible for maintaining and repairing all or part of a property, or who has control of a building. This would include a building owner / managing agent / facilities manager / occupier.

The Duty Holder must establish whether the building contains asbestos (Type 1 survey); assess the risk if asbestos containing material (ACM) is suspected (Type 2 survey) and implement a Management Plan to manage the risk. In advance of any significant building works being undertaken, a Type 3 intrusive asbestos survey should be commissioned, with the results factored into the Management Plan.

If ACM's are confirmed, there are a number of options for complying with the Regulations. The material may remain in place and be managed; it may be encapsulated and be managed or it may be stripped out. The solution will be largely dependent on the condition of the ACM and residual risks, which will vary depending on the type of asbestos identified, white (Chrysotile); brown (Amosite) or blue (Crocidolite).

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