Conforming to asbestos law?
March 1st 2005

There are still 4000 asbestos-related deaths each year. This figure is set to rise to between 6000 and 7000 deaths a year by 2012. It is only through effective management of the material that these statistics can ever become a thing of the past. Peter Harris of Redhill Analysts reports

In spite of the fact that compliance with the new ‘Duty to Manage’ asbestos regulations became mandatory on May 21st 2004, many duty holders are still unsure what these regulations entail.

A common misunderstanding of this recently introduced legislation is that it requires an asbestos survey that will almost certainly lead to costly and inconvenient removal of the material. The good news is that a survey is not always required, because the dictate of the legislation is that asbestos should be managed and not, as many believe, removed.

In essence the law requires that the following criteria are met:

• Identify and assess asbestos in nonresidential properties
• Implement an asbestos management plan
• Training where needed from management to maintenance personnel
• Review asbestos control procedures
• Maintain asbestos register through reinspection of the material.

Crucially, this new legislation also clarifies who is ultimately responsible for identifying asbestos in a property and the subsequent managing of it. While the primary responsibility now lies with “the employer in occupation”, other employers (such as facilities managers, architects, surveyors, landlords and contractors) who are likely to have an impact on safe asbestos management also share responsibilities.

The first step, then, is to ascertain whether your property is likely to contain asbestos. If it is assumed that asbestos is likely to be found (and this is almost always the case in buildings built pre-1985), this still does not mean that a survey is inevitable.

Remember, the law states that you must manage your asbestos, not survey it. So long as you do not need to access the area where asbestos may be found, then your management plan can state that you presume asbestos to be present, but that you will not allow access to it except through a controlled route i.e. a named and trained key holder. Your plan must also state that if and when you do need to access the area, you will assess the access requirements and level of investigation needed at that stage i.e. conduct an asbestos risk assessment.

If your property does require a survey, you must ensure that you only use a surveyor who can prove impartiality and independence from any potential contractors who may be employed subsequently to assist in the management of the asbestos. Unfortunately it is recognised that some unsuitable surveyors may recommend the costly removal of asbestos when this action is not required.

It cannot be recommended strongly enough that you only ever consider using the services of an UKAS (United Kingdom Accreditation Service) accredited company.

There are currently over 50 such accredited companies in the country. For further information on UKAS, visit their website at www.ukas.co.uk.

Whether your property requires a survey or not, an asbestos management plan must be implemented. An integral part of the Duty to Manage legislation, the management plan must be continuously updated if compliance with the regulations is to be maintained. Many duty holders will be able to manage their plan in-house, however larger and more complex organisations may want to enlist the services of an experienced consultant. In all cases, the appointment of an individual to control and monitor the process is imperative.

To facilitate this ongoing requirement, Redhill Analysts (an asbestos management consultancy with 20 years’ experience) has introduced the IAM (Integrated Asbestos Manager) database system.

With an interface similar to Windows Explorer, the IAM system stores all information concerning asbestos from the initial survey results to risk assessment details, re-inspection dates, material descriptions, recommendations and photographs. The system can also be used to issue and record permits to work within areas containing asbestos. Cost: from £2500 for a single user licence.

Alternatively, in recent years Redhill Analysts has worked closely with software provider MICAD Systems and advised on the development and implementation of the MICAD Asbestos Register (MAR). The added benefit of the MICAD package is that asbestos information can sit alongside other property and space management data neatly on one system. For further information visit www.micad.co.uk.

Finally, although not a legal requirement, it is strongly advised that education in the form of asbestos awareness courses is an integral part of your management plan.

Such a course not only gives managers a clear insight into what their new responsibilities are, but can also be directed at maintenance personnel who are far more likely to come into contact with asbestos on a daily basis.

The benefits of ensuring that people right across the board know the history of asbestos and also where and why it was used in construction are several. First, it becomes easier to remain within the bounds of this new legislation; second, it reduces the instances of accidental disturbance of asbestos and the inevitable expenses this incurs; and third, most importantly, it protects a workforce against inadvertent exposure to potentially lethal invisible asbestos fibres.