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| Asbestos survey - is it necessary? by Cathy Searle 12/01/2009 |
| "Despite the fact that the Control of Asbestos Regulations 2006 came into force on 13 November 2006 many people remain unaware of their responsibility to ensure adequate protection is provided to those who may come into contact with asbestos. The legislation applies to "non-domestic" premises which include the common parts of blocks of flats (entrance halls, staircases, lifts, boiler rooms, roof spaces, external outbuildings, bike shelters) and garages and parking spaces that have not been allocated to a specific person. The characteristics of asbestos made it a useful material in a wide range of manufactured goods, mostly in building materials as it provided protection from heat, fire and sound. However, in the late 1960's there was growing concern as to health problems associated with asbestos and it is now recognised as one of the most significant health hazards worldwide. When asbestos is disturbed or damaged, fibres are released into the air and, if inhaled, can lead to lung cancer and other diseases. Following a change in building regulations in 1999, it is now illegal to use any form of asbestos in the construction or refurbishment of any building. However, asbestos still remains in older buildings and continues to be a health risk to all those involved in building, renovation or maintenance. The seriousness of this issue must not be underestimated; according to the Health and Safety Executive at least 3500 people die in Great Britain each year from asbestos related diseases as a result of past exposure and the prediction is that the number of deaths is expected to rise in the next decade. The salient points of the obligation of the "dutyholder" are to ascertain whether asbestos is present or is likely to be present and manage any asbestos which is present or likely to be present. Accurate records should be kept and updated if any work is undertaken. A "dutyholder" could be regarded as a landlord and, potentially, a managing agent. Residents of blocks of flats who have decided to manage themselves under the "umbrella" of a management company and who may have been appointed as directors should take note as they may not realise the personal responsibilities and implications and action which might be taken against them personally for not complying with regulations. The approach should be proportionate to the risk. For example, where premises are large and more complex (such as a hospital) or where refurbishment is planned and which may disturb the materials a full survey may need to be carried out including the testing of material whereas a storecupboard in a block of flats with limited access may only need a limited inspection. The inspection or survey should be carried out by an appropriately qualified surveyor who will be able to provide the relevant recommendations (if any). The cost of the survey, and any remedial works, will be charged to the tenants under the service charge. Where it appears that asbestos is present, or likely to be present, a determination of the risk should be made, a written plan prepared to identify where it is present and a statement showing what measures should be taken for managing the risk. It is not always necessary to remove asbestos and, indeed, it may be preferable to leave it in place rather than create problems by removing it. However, the situation must be monitored. Information should be given to every person who may be liable to disturb it and to the emergency services. For more information please contact Cathy Searle." |