The Control of Asbestos at Work Regulations 2002 (CAWR)

 

Require employers to prevent exposure of employees to asbestos. If this is not reasonably practicable the law says their exposure should be controlled to the lowest possible level.
 
Before any work with asbestos is carried out, the Regulations require employers to make an assessment of the likely exposure of employees to asbestos dust. The assessment should include a description of the precautions to be taken to control dust release and to protect workers and others who may be affected by that work.
 
If you are employing a contractor to work on your premises make sure that either the work will not lead to asbestos exposures or that the contractor has carried out this assessment and identified work practices to reduce exposures.
 

Duty To Manage

 

The duty to manage was introduced into law by regulation 4 of the Control of Asbestos at Work Regulations 2002 and came into affect on 21 May 2004.  The duty requires that those who have responsibilities for maintenance activities in non domestic premises identify whether there is any asbestos in their premises, and, depending on its condition, either manage it or, when it is damaged or in poor condition, remove it.

 

The aim is to ensure that maintenance, repair or other activities carried out on premises do not expose the workers to asbestos fibres.  The duty holder must ensure that adequate information on the location and condition of any asbestos present on the premises is given to any persons who may disturb it, e.g. maintenance workers.

 

In summary, duty holders are required to:

 

  • Take reasonable steps to determine the location, amount 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 asbestos or presumed asbestos 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 may disturb them i.e. maintenance workers.
 

The Duty Holder

 

The duty is placed on all parties who have, by virtue of any contract or tenancy agreement, an obligation of any extent in relation to the maintenance or repair of premises or of access or egress to premises.  This may include owners of buildings, tenants, managing agents etc.

Peterborough City Council. Town Hall, Bridge Street, Peterborough, PE1 1QT - (01733) 747474 - DX12310 Peterborough 1