Compliance

Control of Asbestos Regulations

The Control of Asbestos Regulations 2012 came into force on 6 April 2012, updating previous asbestos regulations to ensure they comply with the EU Directive on exposure to asbestos (Directive 2009/148/EC).

This regulation requires you to manage the risk from asbestos by:

• finding out if there is asbestos in the premises (or assessing if ACMs are liable to be present and making a presumption that materials contain asbestos, unless you have strong evidence that they do not), its location and what condition it is in;

• making and keeping an up-to-date record of the location and condition of the ACMs or presumed ACMs in your premises;

• assessing the risk from the material;

• preparing a plan that sets out in detail how you are going to manage the risk from this material;

• taking the steps needed to put your plan into action;

• reviewing and monitoring your plan and the arrangements made to put it in place; and setting up a system for providing information on the location and condition of the material to anyone who is liable to work on or disturb it.

Asbestos Survey Legislation

HSG 264 Asbestos: The Survey Guide stipulates that duty holders must:

• take reasonable steps to determine the location of materials likely to contain asbestos;

• presume materials to contain asbestos, unless there are good reasons not to do so;

• make and maintain a written record of the location of the ACMs and presumed ACMs;

• assess and monitor the condition of ACMs and presumed ACMs;

• assess the risk of exposure from ACMs and presumed ACMs and prepare a written plan of the actions and measures necessary to manage the risk (ie the ‘management plan’);

• and take steps to see that these actions are carried out.