Asbestos compliance with Regulation 4 of the Control of Asbestos Regulations 2012 falls upon the individual who is identified as the duty holder, who would be responsible for managing non-domestic premises with the responsibility of protecting others who work in such premises from risks to health from asbestos exposure.
Duties of the duty holder
This part of asbestos regulation gives various responsibilities that include (but are not limited to); taking all reasonable steps to uncover if asbestos materials are present in non-domestic premises – if there is asbestos uncovered, the amount and condition must be identified and recorded.
The duty holder must presume that any materials identified will contain asbestos unless there is clear evidence provided that it is not, and should make and update records of the locations and conditions of the ACMs, or those presumed to be hazardous materials.
The risks will require assessing anyone who could be exposed to fibres from any identified materials as well as having a prepared plan detailing the management of these risks moving forward. Once this plan is fully organised, it falls on the duty holder to ensure this plan is put into effect.
The plan will require periodic review and monitoring and arrangements to be acted upon so that the plan remains up-to-date and relevant. When it comes to anyone who will be conducting work on the premises, the duty holder has the responsibility to provide all information to them on the location and condition of asbestos-containing materials to not disturb them.
When you are deemed responsible for the management of asbestos within premises, it is important to remember the following facts.
Asbestos becomes dangerous only when it is disturbed from its safe state. If it is left in a managed and contained state, the health hazard is greatly reduced. Therefore it should not be moved unnecessarily as removing it is much more dangerous than leaving it in place and managing it.
Not all asbestos-containing materials pose the same health risks and measures need to be taken for controlling risks from such areas as pipe insulation in a different way to something such as asbestos cement. The duty to manage is about putting in cautionary and protective steps to protect others – removing asbestos or tampering with its condition in any way must be done by a certified professional asbestos removal company who specialise in asbestos removal services only.
If ACMs require sealing, encapsulating or removal, it requires the work of a skilled and approved specialist in asbestos removal in south Manchester. This includes high risks such as pipe insulation and insulation panels, cement sheets and roofing. Tampering or removal of asbestos by any other party leaves you liable for potential heavy fines and possible prison sentencing.