Regulations
The Control of Asbestos Regulations (CAR) 2006
The Control of Asbestos Regulations 2006, require employers to prevent the exposure of their employees to asbestos, or where this is not practicable, to reduce the exposure to the lowest possible level. The Regulations also incorporate asbestos licensing and the prohibition of asbestos.
The main requirements of the Asbestos Regulations are to:
- Identify the type of asbestos;
- Assess, plan and notify work with asbestos materials;
- Prevent or reduce the exposure to asbestos through use of properly maintained control measures;
- Designate restricted access areas including respirator zones and asbestos areas;
- Monitor and record airborne fibre concentrations by an accredited body;
- Provide proper storage, distribution and labeling of raw asbestos and asbestos waste;
- Make employers responsible for adequately informing workers, including provision of training and health surveillance when required;
- Prohibit the importation, supply and use of all forms of asbestos;
- Register and issue licenses to all contractors working with high risk asbestos materials in order to control the standards within the industry.
The management of asbestos in non-domestic premises (Regulation 4)
Regulation 4 places a specific duty on those who have repair and maintenance responsibilities for premises, because of a contract or tenancy, to manage the risk of asbestos in those premises. Where there is no contract or tenancy, the person in control is regarded as the duty holder. There is also a duty of co-operation on other parties.
Regulation 4 requires duty holders to:
- Take reasonable steps to find materials in premises likely to contain asbestos and check their condition.
- Presume that materials contain asbestos unless there is strong evidence to suppose they do not.
- Make a written record of the location and condition of asbestos and presumed asbestos-containing materials and keep such record(s) up to date.
- Assess the risk of the likelihood of anyone being exposed to these materials.
- Prepare a plan to manage the identified risk and put it into effect to ensure that:
- Any material known or presumed to contain asbestos is kept in a good state of repair;
- Any material that contains or is presumed to contain asbestos is, because of the risks associated with its location or condition, repaired or if necessary removed;
- Information on the location and condition of the material is given to anyone potentially at risk;
- The condition of identified and presumed asbestos materials is monitored;
- The management plan, including the arrangements made to put it in place, is monitored and regularly reviewed.