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Devon & Dorset Building Management Limited

ASBESTOS MANAGEMENT

Premises Controllers Duties Control of Asbestos Regulations 2006 (CAW)

The duty to manage requires those in control of premises to:

1 Take reasonable steps to determine the location and condition of materials likely to contain asbestos;
2 Presume materials contain asbestos unless there is strong evidence that they do not. 
3 Make and keep an up to date record of the location and condition of the Asbestos Containing Materials (ACM’s) or presumed ACM’s in the premises.
4 Assess the risk of the likelihood of anyone being exposed to fibres from these materials.

(Note: The above requires MDHS100 Type 1, 2 & 3 surveys as appropriate to be conducted by trained, qualified and competent surveyors)

5 Prepare a plan setting out how the risks from the materials are to be managed;
6 Take the necessary steps to put the plan into action; 
7 Review and monitor the plan periodically;
8 Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them;

The regulation covers all non-domestic premises, regardless of the type of business carried out in them. It also covers the common areas of some domestic premises, including halls, stair wells, lift shafts and roof spaces.

General Information Asbestos law Tackling the problem of asbestos is a huge undertaking, but the HSC regards it as one of its highest priorities. Asbestos killed 50,000 people in the 30 years to 1998, and the toll will continue to rise because illnesses resulting from work with the material can take up to 60 years to manifest themselves’

Over the years the HSC/HSE have introduced various sets of Regulations that specifically address the risks from working with asbestos. Earlier Regulations tended to focus on specific industries and processes, but from 1987 the scope of the Regulations were extended to encompass the need to control the risks in most operations where asbestos fibres could be released.

Current asbestos Regulations include:

Asbestos (Licensing) Regulations 1983 as amended in 1998 – these require companies to be licensed to carry out work with asbestos insulation, asbestos coatings and insulating board

Control of Asbestos Regulations 2006 (CAW) - lay down the requirements for the protection of people being exposed to asbestos. These Regulations include the requirement for those with responsibility for the maintenance and/or repair of non-domestic premises, to identify and manage any risk from asbestos within their premises

Asbestos (Prohibition) Regulations 1992 as amended in 1999 – prohibit the importation, supply and use of all asbestos, and products where asbestos has been knowingly added

Asbestos-related disease account for over 3,500 deaths each year creating what is the UKs biggest single cause of work related deaths. Although the use of asbestos has been banned much of the material still exists, particularly in buildings. This legacy retains the potential to kill those who are unknowingly exposed to the fibres in their day-to-day work, or those who choose to ignore the controls that provide effective protection during work with asbestos

Why is asbestos dangerous?

There are three types commonly encountered types of asbestos. All forms are potentially dangerous but research has shown that blue and brown are significantly more dangerous than white asbestos. Many of the asbestos-containing materials found in buildings include a combination of two or more asbestos types.

If it is in good condition and is not disturbed asbestos poses no risk to health. However, if disturbed the asbestos fibres can break down into sharp fibres that can be breathed in. If these fibres lodge in the lungs they do not dissolve and can work their way to the outer surface leading to several diseases, some of which are fatal.

The risk of developing asbestos-related disease depends on a number of factors including cumulative dose, time since last exposure and the type and size of asbestos fibres. There is usually a long delay between the first exposure to asbestos fibres and the diagnosis of disease; this ranges from between 15 to as many as 60 years

Those asbestos-related diseases that are invariably fatal

Asbestosis – an irreversible scarring of the lungs that causes a decrease in elasticity. An industrial disease that was associated with past high levels of exposure of all types of asbestos. These high levels of exposure are now something of the past and those suffering would be as a result of exposures in the 1950s and 1960s

Lung cancer – increased incidence in those working with asbestos. All types can cause the disease with some evidence of more danger from blue and brown. It is important to note that smokers who are exposed to asbestos fibres will increase the likelihood of contracting the disease.

Mesothelioma – cancer of the lining of the chest or abdominal wall. Again, evidence of increased risk from exposure to blue or brown asbestos fibres with the disease being triggered from low or short exposures to blue or brown.

Those at risk

Many of those now suffering from asbestos-related disease were exposed to very high levels of asbestos in the more traditional industries e.g. shipbuilding, construction, boiler work. However, recent research has shown that 25% of the deaths from the disease are in people who have spent some of their working lives in the building and maintenance trades. Those people have often worked without knowing that they have repeatedly been exposed to asbestos fibres when they disturb contaminated building materials.

These building and maintenance workers continue to be at risk from exposure to asbestos. These include: heating and ventilating engineers, roofing contractors, fire and burglar alarm installers, general maintenance workers, electricians, plumbers, carpenters, joiners, plasterers, painters and decorators, gas fitters, demolition workers, telephone engineers, computer installation engineers, site managers, surveyors, janitors and those others who disturb the fabric of buildings in their day to day work.

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