Asbestos regulation compliance
Added: (Wed Jan 21 2004)
Pressbox (Press Release) -
BIRSTALLS
Independent Asbestos Consultancy
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For Immediate Use
Issued 11th January 2004
Asbestos regulation compliance – only a phone call away
Companies have been bombarded with information about the changes in asbestos that will take effect on the 21st May 2004, but how many have actually done anything about it? “In truth not many” says Peter Thomas, Managing Director of independent asbestos consultancy, Birstalls.
The HSE document “A short guide to Managing Asbestos in premises” states clearly what the new regulations set out to do;
“If you own, occupy, manage or have responsibility for non-domestic premises which may contain asbestos you will either have
· A legal duty to manage the risk from this material; or
· A duty to co-operate with whoever manages that risk.”
So if your organisation has to manage one or several thousand properties it will soon be your responsibility to show that you have taken steps to comply with your “duty to manage” asbestos within these properties. Non-compliance, not only leaves organisations liable, but from 21st May 2004, also exposes them to the further risk of prosecution.
Peter goes on to say that “The difficulty comes from people’s lack of understanding of the legislation, the enormity of the scale of the task and just how many properties are affected.”
And he is right, in a recent survey carried out by Birstalls 95% of all respondents did not know what their company’s legal responsibility was under the new regulations, and the HSE estimate that some 500,000 properties are affected.
The scale of the problem is vast and as the deadline approaches the issue will begin to crystallise in people’s minds and demand for asbestos advice will far outstrip supply of the service. “Asbestos crops up in the most unexpected places from pipe lagging to floor tiles, so it is important that a thorough survey is undertaken by a competent company.” Says Peter
He goes on to say “Many clients initial reaction is to panic, as they think they have to tear out every last scrap of asbestos.” However what the legislation calls for is a duty to manage, which is why Birstalls have developed an Asbestos Management Policy. By simply telephoning their national call centre based in Yorkshire on 01924 443799, clients can register their company for an Asbestos Management Policy and Birstalls will take care of the rest.
The beauty of this system is its simplicity. It doesn’t matter if you own or manage one property or 1000, once a client has registered with Birstalls compliance has been sought. Birstalls will then assess all the properties and create a priority list for any necessary action. They will then develop this into a progressive management policy covering all surveys, risk assessments and future management, fulfilling all legal obligations.
This means anyone with “the duty to manage” asbestos can sleep easily at night knowing that their organisation has not broken the new legislation.
The main advantage of these Asbestos Management Policies to clients with multiple properties is that it spreads the cost over a number of months and lessens the financial impact on the business, with no hidden extras.
Finally Peter says “At Birstalls we have worked hard in conjunction with the HSE to develop an Asbestos Management system that efficiently handles compliance with the minimum amount of stress to the client. Furthermore as HSE partners, Birstalls are obliged to assist any organisation with Asbestos awareness.”
So now property owners and management companies don’t have to worry about Asbestos Compliance, it is readily available and it is only a phone call away.
Ends Main Release
Background
Duty Requirements taken from www.hse.gov.uk
The duty to manage requires those in control of premises to:
· Take reasonable steps to determine the location and condition of materials likely to contain asbestos;
· Presume materials contain asbestos unless there is strong evidence that they do not;
· Make and keep an up to date record of the location and condition of the ACMs (Asbestos Containing Material) or presumed ACMs in the premises;
· Assess the risk of the likelihood of anyone being exposed to fibres from these materials;
· Prepare a plan setting out how the risks from the materials are to be managed;
· Take the necessary steps to put the plan into action;
· Review and monitor the plan periodically; and
· Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.
What premises are affected?
The new regulation covers all non-domestic premises, whatever type of business is carried out in them. It also covers the common areas of domestic premises, including halls, stair wells, lift shafts and roof spaces.
Who will be the dutyholder?
All those who have responsibility for the maintenance and/or repair of non-domestic premises have duties under this regulation. The extent of the legal duty is determined by the terms of any tenancy agreement or contract that applies, and in the absence of any such agreement, on the degree of control the party has over the premises.
The duty holder may well be the landlord, tenant or a managing agent, depending on the circumstances of the case. In some situations, responsibility could be shared between two or more parties.
The regulation also includes a duty to cooperate, which applies widely. This will, for example, require a tenant to allow a landlord to gain access to a building to carryout a survey. Also a building surveyor or architect who had plans which show information on the whereabouts of asbestos would be expected to make these available to the duty holder for a reasonable cost.
Note to News Editors; Full details of Control of Asbestos At Work Regulations 2002 and the Implementation of a “Duty to Manage” from 21st May 2004 can be found at www.hse.gov.uk
Further details are also available from Peter Thomas on:
Tel: 01924 443799
Mobile: 07971 251563
Web: www.birstalls.co.uk