Attention: Mortal Danger! Asbestos and the Law
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The Regulation applies to non-domestic premises and common areas of domestic premises such as stairways, halls, roof spaces, lift shafts and other external areas.
It places duties on an employer, including the self-employed, to: |
- Protect all employees and anyone who may be affected by any work which would expose, or be liable to expose, them to asbestos.
- To manage the asbestos in the building by keeping it in good condition and prevent uncontrolled work or releases.
Who is the duty holder?
The duty holder is anyone who is responsible for the maintenance and/or repair of a non-domestic premise.
The extent of the legal duty is determined by the terms of either a tenancy agreement or a relevant contract. If there is no such agreement, then the duty lies with anyone who has a degree of control over the premises. The responsibility could, therefore, extend to the landlord, the tenant or a managing agent, depending on the circumstances – in some cases two or more parties could share the responsibility.
The regulation also includes a duty to co-operate: this, for example, could require a tenant to allow a landlord to gain access to a building to carry out a survey. Building surveyors or architects, who have had plans that show information as to the whereabouts of asbestos in the building are expected to make the information available to the duty holder - at a reasonable cost.
What should the duty holder be doing now?
The duty holder should be checking that the current arrangements for the management of asbestos within the premises are effective and are being applied properly.
This includes:
- Taking a precautionary approach to maintenance work – by applying the standard as if all materials that are being worked on are asbestos, until a proper assessment of the premises has been undertaken.
- Inspecting the premises for any serious damage or disturbance and taking the necessary remedial action.
What should duty holders do next?
They should plan their compliance strategy, including the following:
- Decide which appropriate type of inspection/survey is to be done.
- Decide who should carry out the work and who should manage the process.
- Prioritise which buildings or parts of buildings should be dealt with first.
- Decide how the information is to be recorded/retrieved and in what format.
- Decide how the maintenance activities will be controlled, such as warning those at risk and controlling the exposure of asbestos.
- Decide who is responsible for reviewing the arrangements and how frequently.
To discuss any aspect of property law, please contact Richard Gordon (rkg@silvermansherliker.co.uk), Maria Guida (meg@silvermansherliker.co.uk) or Scot Tsang (sskt@silvermansherliker.co.uk) or call +44 (0)20 7749 2700. |
