How to Comply with the Duty to Manage
Asbestos Knowledge Base
The duty to manage adds to the existing requirement on employers to reduce the risk of exposure to the lowest possible level and prevent exposure wherever possible. The Control of Asbestos Regulations 2012 require duty holders to manage the risk from asbestos. It cannot be satisfied by simply commissioning a survey and forgetting about it. The duty holder has to take an active part in the assessment and risk management process.
See Flow Chart for an alternative view.
We have put the compliance procedure together after studying HSE guidance in "The management of asbestos in non-domestic premises. Regulation 4 of the Control of Asbestos Regulations 2012. Approved Code of Practice and guidance L127 (Second edition)", "Work with materials containing asbestos, Control of Asbestos Regulations 2012, Approved Code of Practice and guidance L143", "A comprehensive guide to managing asbestos in premises HSG227", "Asbestos: The licensed contractors' guide HSG247" and "Asbestos: The survey guide". This forms the basis for the record keeping processes in the Asbestos ToolKit CS™ software.
- Find out if the premises contain asbestos by;
- Looking at relevant plans and information from the construction process
- Carrying out an inspection of the premises (inside and out)
- Consulting with other people who could have relevant information e.g. architects, employees, safety representatives, supplying contractors.
- Assess the location, type, amount and condition of any ACMs found. If the ACM's are in poor condition, arrangements should be made to have them repaired or have them sealed, enclosed, or removed.
- Presume materials contain asbestos, unless you have strong evidence that they do not .If you have any doubts, the material must be assumed to contain asbestos.
- Keep and maintain an updated records - including a schematic - of the location and condition of the ACM's, or presumed ACM's, in your premises. If you are planning to have maintenance or refurbishment of the building carried out, or the material is in poor condition, you may wish to arrange for the material to be sampled and identified by a competent specialist and sent to an approved laboratory for testing. Record the location and the condition of the material on a plan or drawing. The drawing should be simple and clear and should be made available for anyone coming to work in the premises. The Asbestos ToolKit™ will facilitate easy updating and access.
- Assess the risks of any ACM's being disturbed and the fibres being released in order to determine the action required. The risk assessment should take into account the location, amount, and condition of the ACM, as well as whether it is likely to be disturbed and how many people could be at risk.
- Prepare a plan that sets out in detail how you are going to manage the risk from this material.
- Take the steps needed to put your plan into action.
- Review and monitor your plan and the arrangements made to put it in place.
- Provide information on the location and condition of the material to anyone who is liable to work on, or disturb it.
- Audit the use of the information provided by employees and third parties to improve its accessibility and usefulness
Anyone with an interest in the property will have a duty to co-operate with employers to enable them to manage the risk.