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.