Dave Wellard
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Asbestos Manager
Asbestos Regulations
Dave Wellard
Asbestos Manager
The Control of Asbestos Regulation 2006 came into force on the 13th of November 2006, these regulations combine three previous regulations, prohibition of asbestos, the control of asbestos at work and asbestos licensing.
The regulations ban blue, brown and white asbestos and the second-hand use of asbestos products. They also prohibit the importation, supply and use of all asbestos containing materials.
For a full guide on The Control of Asbestos Regulation 2006 and other useful asbestos guides visit the HSE website here.
Asbestos Register
Under the Control of Asbestos at Work Regulations 2002 (CAWR), all UK business premises built before the year 2000 must have an asbestos register.
The regulations state that the "duty holder" is responsible for ensuring that an asbestos register is compiled and maintained.
You are the duty holder if:
- You own the building
- You are responsible through contract or tenancy agreement
- There is no formal contract or agreement but you have control of the building
- In a multi-occupied building, you are the owner and have taken responsibility for maintenance and repairs for the whole building.
If you don't have an asbestos register then you risk a fine or in some cases, imprisonment for non-compliance with the CAWR regulations.
How do I get an asbestos register for my premises?
To get an asbestos register for your premises you need to have an asbestos survey conducted by a specialist asbestos surveyor. The types of asbestos register vary as there is no industry standard for asbestos surveys.
Some companies may use software to compile their surveys and others compile them manually – Both survey types will have the same outcome, except that regsiters compiled using software are generally over complicated and can confuse the “duty holder” with technical terms.
This is not a DIY job, as the asbestos regulations state that any register must be compiled by a competent person - and that means someone who has passed the BOHS (The British Occupational Hygiene Society) P402 Exam.
What about shared premises?
If you are a tenant in an office block or a shopping centre for example, and you share common areas with other tenants, you are only responsible for maintaining a register on the space that you rent (the demise).
Although common areas and the outside of the building need a register, it is usually the landlord's responsibility to maintain this.
Regards
Dave Wellard
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