The
following repeats the key messages for those who may have delayed
addressing their responsibilities under this duty and includes a
brief outline of HSE's and Local Authorities approach to enforcement.
What should dutyholders have done immediately?
- check that
their current arrangements for the management of asbestos within
their premises are effective and are being applied properly;
- adopt a
precautionary approach to maintenance work. Until a proper assessment
has been carried out of their premises they must assume that all
materials being worked on are asbestos, adopting the standards
set out in 'Asbestos Essentials' .
Alternatively they can carry out a 'mini survey' of the material
being worked on before the work is done; and
- carry out an initial
inspection of the premises to look for serious damage and disturbance
of material and take effective remedial action as necessary.
What should they
have done next?
Plan your
compliance strategy. This should include:
- deciding
what type of inspection/survey is appropriate
- identifying
who should carry out the work, and who should manage the whole
process
- determining
priorities in terms of which buildings or parts of buildings must
be tackled first
- deciding
how information is to be recorded/retrieved and in what form
- considering
how maintenance activities will be controlled to warn those at
risk and control exposure to asbestos
- deciding who should
review the arrangements and how often
Steps 4-7 of HSE's
'A comprehensive guide to managing asbestos in premises', HSG 227,
provides valuable detailed guidance on the content and implementation
of a strategy, together with the development of a longer term management
plan.
Enforcement
HSE and Local Authority
inspectors carried out visits to a number of key dutyholders during
2003 and into early 2004 to encourage them to take the steps set
out above. The emphasis was on advising dutyholders and assisting
them to put management systems in place. However, if inspectors
found that maintenance workers or others were at serious risk of
being exposed to asbestos fibres, then enforcement action was taken,
which - if it were before May 2004 - involved using other health
and safety legislation.
It is appreciated
that currently many organisations, because of the size, number and
complexity of their premises, may not have been able to have completed
all inspections and assessments before the regulation came into
force on 21 May 2004. In those cases, inspectors will not only make
sure that the immediate risks have been dealt with, but will also
expect to see fully worked compliance strategies, together with
implementation timetables to demonstrate how they are working towards
full compliance.
Further help
Key to HSE's supporting
campaign is its programme of workshop/awareness style events aimed
at providing important messages on the dutyholder responsibilities
under the new regulation, and aiding decision making on compliance
issues. The events also offer useful signposting to available guidance
and sources of further help.
In the main these
events are organised and delivered by HSE's Partners based on HSE
prepared material. You will need to keep an eye open for promotion
of these events locally and through the HSE Asbestos
Events Diary , which is updated with event information received
from Partners.
Supporting Material
To support those
with responsibilities under the duty to manage asbestos the HSE
has produced a range of guidance material from the formal Approved
Code of Practice to the more general guidance on how to comply with
the regulation.
Full details of the
Control
of Asbestos at Work Regulations 2002 (SI 2002/2675) are available
through HMSO, including the option to download from their website
.
In support of the
new duty HSE has published an Approved Code of Practice L127 (ISBN
0 7176 2382 3) " The
management of asbestos in non-domestic premises " together with
a range of guidance.
Guidance developed
specifically in support of the ‘duty to manage' includes HSG 227
(ISBN 0 7176 2381 5), ' A
comprehensive guide to managing asbestos in premises ', and
the free leaflet ' A
short guide to managing asbestos in premises ' INDG 223 (rev
3) (ISBN 0 7176 2564 8).
Also amongst HSE's
established portfolio of Asbestos guidance is the hard hitting video
‘ How
are you today? '(ISBN 0 7176 1945 1). In addition to providing
an introduction to the requirements of the new duty to manage the
video graphically portrays the health risks associated with asbestos.
The video, which was produced in 2000, is currently being updated
to reflect the actual regulation. We will use ‘Campaign latest'
on this site to promote the launch date of the new and improved
video once it is has been set; which is anticipated as being by
June 2004.
Revised versions
of the two Approved Codes of Practice supporting CAW 2002 Regulations
were also amongst the bundle of guidance released by HSE on 16 December
2002. These were L27 (ISBN 0 7176 2562 1), entitled “ Work
with asbestos which does not normally require a licence ”and
L28 (ISBN 0 7176 2563 X) “ Work
with asbestos insulation, asbestos coating and asbestos insulation
board ”.
Related HSE guidance
available prior to the signing of the Regulations. This includes:
“ Asbestos
Essentials ” which advises on minor maintenance work with asbestos
materials (HSG 210, ISBN 0 7176 1887 0); and MDHS 100 “ Surveying,
sampling and assessment of asbestos-containing material ” (ISBN
0 7176 2076 x) which provides technical guidance on surveying workplace
premises for asbestos.
A revised mini catalogue
Managing
Asbestos [195kb]  ,
which provides a brief introduction to all of the HSE asbestos related
publications, is now available.
All these publications
are available through HSE Books
.
‘The web-based '
Good Practice
Guidance ' provides a useful supplement to those case studies
contained within the Comprehensive guide to managing asbestos in
premise . The aim of this new HSE product is to provide information
on the differing approaches that both public and commercial organisations
have adopted in tackling their responsibilities under the new duty.
The Guidance gives practical ideas to both those who are only just
starting to manage their asbestos and those that need some additional
help on ways to approach the tasks before them. Why not click on
the link to find out more.
To arrange
a Preliminary "Walk Through" & "TYPE 1"
Survey on your premise and information about the Tax Incentives
available, please contact Johnathan Yarrow who
will be happy to explain the Law and how to Comply with the regulations
PLUS details on how to claim up to 150% Coporate Tax Reduction.
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