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CRegulatory Compliance Awareness Sessions for
Senior Managers or Dutyholders

Asbestos regulations were first introduced in 1986, with subsequent regulations developed in 1992, 1999, 2002 and 2006. These established the specific responsibilities to ‘manage’ asbestos in all premises built before 1999. Managing the risk means ensuring that as far as reasonably practicable no-one can come to any harm from asbestos on the premises.

There are currently 37 regulations, as well as approved codes of practice and guidance, to be considered for effective asbestos management. The Control of Asbestos Regulations 2012 was implemented throughout the UK on 6th April 2012, to increase the controls when conducting asbestos works for the protection of workers.

Key Regulations:

Regulation 4: Duty To Manage Asbestos in Non-Domestic Premises

This requires everyone responsible for ‘Maintenance & Repair’ duties to be known legally as the ‘Dutyholder’. For Regulation 4 we issue an Asbestos Management survey report, which satisfies six of the below, leaving you to simply implement (#5) and ensure systems work (#8).

Summary of Dutyholders’ requirements:
‘Dutyholders’ are required to locate and assess the presence of all asbestos containing materials.
(HSG-264 Asbestos Management Inspection)

  1. Record all known ACMs in an up to date Asbestos Register
  2. Formulate an Asbestos Management Plan to record actions on ACMs
  3. Record the locations of all ACMs on floor plans where possible
  4. Create & implement a Communications Policy in order to provide the asbestos information to everyone liable to disturb the ACMs.
  5. Implement systems and procedures to prevent the ACMs being disturbed
  6. Re-inspect all ACMs that remain on site annually
  7. Ensure all documents are updated (within 12 months)
  8. Ensure all systems actually work on site and update where necessary

Regulation 5: Identification of the Presence of Asbestos

This regulation states that: “an employer shall not undertake work in demolition, maintenance, or any other work which exposes, or is liable to expose his employees to asbestos in respect of any premises unless a HSG-264 Refurbishment & Demolition Asbestos Inspection is carried out before altering; refurbishing or dismantling any area of any premises”.

The purpose of this inspection is to locate and assess the presence of any hidden ACMs, prior to any accidental disturbance and exposure. The regulations require the ‘Employer’ to assume that ACMs are present unless there is sufficient evidence to prove otherwise. You should not disturb building fabric, plant, equipment or old objects unless you can prove that no asbestos is present.

Regulations 6 - 9:

Are all relevant to working with Asbestos, which KADEC can actively manage on your behalf.

Regulation 10 - 11:

Information, Instruction & Training Requires mandatory training for everyone who is liable to be exposed to asbestos fibres during their normal day to day work. For the construction industry, all of the following trades must hold valid asbestos awareness training certificates: general maintenance staff, electricians & plumbers, gas fitters, painters & decorators, joiners, plasterers, demolition workers, construction workers, roofers, heating & ventilation engineers, telecommunication engineers, fire & burglar alarm installers, computer installers, architects, building surveyors, shop fitters (and other similar professions).

Regulation 11 requires all employers to prevent their employees being exposed to asbestos, as far as reasonably practicable. If exposure cannot be prevented, it must be reduced to the lowest possible level without using a respirator. Where exposure cannot be prevented, an asbestos management policy must be created and implemented throughout the organisation, detailing the systems, procedures and processes your organisation will adopt to reduce the risk of exposure to the lowest possible level.

HSG264 The Survey Guide was introduced in January 2010 to expand on Regulation 4 of CAR 2006, and supersedes the MDHS100 guidance.

  • HSG264 provides accurate guidance on conducting Asbestos Inspections
  • HSG264 also provides guidance to ‘Dutyholder’ on the management of asbestos related information
  • HSG264 requires all plant, equipment and old objects to be managed in the same way as building fabric
  • So ALL ACMs throughout the premises must be managed in line with Regulation 4 of CAR 2006

Further details of the Control of Asbestos Regulations, Approved Code of Practice (ACoP) and general guidance are available online