Blog Archives
October 2002
Asbestos Awareness - Introducing the Legislation
New legislation was signed on the 24 October 2002 by the Minister of Work to create an explicit duty to manage asbestos in premises. Implementation of this duty will make a major contribution to protecting people at work in the building - including maintenance workers - as well as members of the public potentially at risk.
Under the new legislation, employers, for the first time, will have a specific legal duty to identify asbestos-containing materials in their buildings, and to assess the condition of those materials.
Our Asbestos ToolKit CS™ software allows managers to comply with the new Asbestos Regulations.
Duty to Manage
If you are the owner, occupier, or manager of premises, you will either have a duty to manage the risk from asbestos or a duty to co-operate with the person who does.
The new regulation requires the duty holder to;
- Find out if there is asbestos, how much there is and in what condition. Carry out a presumptive survey unless there is reason to believe there is a need for a more extensive one in which case a survey by a competent contractor needs to be commissioned.
- Presume unknown materials contain asbestos unless there is strong evidence that they do not.
- Make and keep a record of the location of the asbestos containing materials (ACMs) or presumed ACMs.
- Assess the risks from the ACMs.
- Prepare a detailed written plan on how to manage the risks.
- Take steps to implement the plan.
- Provide information on the location and condition of the ACMs. Make available an list of asbestos items found with a schematic to allow them to be identified easily by anyone with reason to do so; and
- Monitor and review the plan.
This amendment to the Control of Asbestos at Work Regulations 1987 was signed on the 24 October 2002 by the Minister of Work.
SHE Editorial: New Regs - New Software
Ai Solutions Ltd have just launched their new asbestos management software called Asbestos ToolKit CS™. They will be demonstrating the new product at the SHE exhibition together with their updated market leading CDM software.
The new asbestos legislation requires that if you own, occupy, manage or have responsibilities for premises which may contain asbestos, you will either have:
- A legal duty to manage the risk from this material
OR - A duty to co-operate with whoever manages that risk.
Asbestos ToolKit CS™ is software for managing asbestos risk. It complies with the 2002 regulations, HSE guidance and MDHS 100 documentation.
The regulations have taken many months in development and consultation. Likewise, our software has been developed in tandem with HSE's work, following their guidance and liaison. This has allowed us to release the management solution at the same time as the legislation.
The tailor made product is designed to meet the strategy required by companies with large numbers of premises or asbestos items and to manage them using large database engines.
The use of profiling allows the product to be equally suited to many different types of user from the front desk to the surveyor to the facilities manager and CEO.
Components:
- Central database for all building records, survey records and asbestos register
- Knowledge Centre; library and updated knowledgebase
- Integrated organisation database
- Ongoing management reports and statistics for managers, engineers, surveyors and duty holders
- Costing & tasking detail for project management
- Audit trail
Ai Solutions Ltd is a registered partner with the HSE in promoting and giving training about the new legislation.
Contact Ai Solutions on 01525 850080 or www.aisolutions.co.uk.
Asbestos Awareness Campaign - Question To RICS
Following an enquiry by a RICS member who stated that 'the RICS' had advised them not to proceed with the management of asbestos in their practice because they could not be insured through the RICS, we asked the RICS for their comment. This is their reply;
"Contrary to what you may have been led to believe we see the Control of Asbestos at Work Regulations as a potential market opportunity for members who wish to carry out type 1 or 2 inspections.
"However, as with all the work that RICS members do, they are expected to have professional indemnity insurance cover for that type of work and take steps to ensure that they are competent within that field. The members then negotiate their own insurance cover from firms listed by our insurance department. I am aware that the market has hardened regarding asbestos related work and our insurance department has been advising members who contact them directly on how best to deal with this.
"The RICS is also devising a course for certifying asbestos inspectors under the UKAS accreditation process with another partner that will be open to both members and non-members who are able to satisfy the entry standards. Due to the insurance market situation it is anticipated that the scheme will include some form of specific insurance cover for its participants, this is being negotiated at present.
"We are aware that the new regulations will affect many of our members both directly and indirectly, whether acting as clients or consultants, and are trying to raise awareness in various ways including road shows and a guidance note."
RICS have also informed us that the Guidance Note is being developed in consultation with HSE and will be circulated to their members very soon.
Asbestos Awareness Campaign - Ten Key Facts
"A Comprehensive Guide to Managing Asbestos in Premises" lists the following 10 Key Facts;
- If you don't manage asbestos in your premises, you could be putting your employees and other peoples health at risk.
- Exposure to asbestos occurs when you or others disturb it, releasing fibres into the air we breathe.
- Asbestos in good condition should be left in place and managed.
- Most work on asbestos requires a license, but some minor work on asbestos can be done without a license if the correct precautions are followed.
- Regulation 4 of the Control of Asbestos at Work Regulations is a duty to manage, not a duty to survey.
- You don't always have to do a survey, but you do have to manage your asbestos-containing materials (ACMs).
- A bad survey is worse than not carrying out a survey.
- Managing asbestos means maintaining your ACMs in good condition to protect two groups of people. Those who work on the fabric of the building (electricians, plumbers etc) and those who work in the building (eg plant and office workers, cleaners etc) who may come into contact or work near damaged or deteriorated ACMs.
- Damaged or deteriorated ACMs should be repaired or removed, or isolated until remedial action can be taken.
- Your Asbestos Management Plan is your way of ensuring that your employees or others do not disturb your ACMs. It can take many forms and need not be complex, but it does need to be effective.
