Regulation 4 of the Control of Asbestos regulations (CAR) 2012 is more commonly known as the “duty to manage”
This regulation confirms the legal obligation that landlords of non-domestic property and or employers have, to ensure that the people employed or visiting their premises can do without the risk of exposure to high concentrations of airborne asbestos fibre. This requirement also extends to common areas of apartment blocks.
To ensure compliance, the first step is to know if you have asbestos containing materials? If you do, how much material, its condition and the likelihood of it to release asbestos fibres. This is done with an asbestos survey carried out by a competent person.
Asbestos Surveys generally come in two forms:
The first being a management survey- suitable for day to day occupancy of a building, including light non-intrusive maintenance.
This is considered to be the minimum an employer should ensure that is in place, when occupying a business to trade from. Surveyors will visit the premises and carry out a non-intrusive inspection, taking samples of suspect materials.
The survey will consist of a register of all ACMs (asbestos containing materials) found and an algorithm of the potential risk it poses and recommendations. The information within must be available for any visitors or trades to asses, when entering. It will not only identify Known ACMs, but also details of survey limitations. To ensure compliance with the regulations, it is important that the recommendations are carried out. The survey alone, does not meet requirements of the duty to manage.
Prior to carrying out Demolition or refurbishment, where the works are likely to go beyond the building surfaces, a more intrusive survey is required. Sometimes referred to as a
Pre R and D survey, surveyors will penetrate building surfaces and examine materials within. This information can be used by clients to satisfy CDM requirements, when passed to contractors, to understand the likelihood of Asbestos being present in areas of intended work. It is important to remember that R and D surveys also have limitations and that additional asbestos materials may be within the inaccessible building fabric or foundation.
We can help with both survey types and advise on the implementation of the resulting Asbestos management plan,
Further details of duty holders responsibilities can be at: