What is asbestos?

Asbestos is a naturally occurring fibrous silicate mineral.

There are six types, all of which are composed of long and thin fibrous crystals, each fibre being composed of many microscopic "fibrils" that can be released into the atmosphere by abrasion and other processes. Inhalation of asbestos fibres can lead to various dangerous lung conditions, including mesothelioma, asbestosis, and lung cancer, so it is now notorious as a serious health and safety hazard.

The UK asbestos regulations explained

Asbestos is still a massive problem in the UK, demanding strict regulation. Here we explain the UK's asbestos regulations in brief. Asbestos has many key regulations all detailed within the Control of Asbestos Regulations 2012. Mesothelioma and other asbestos related diseases are still a serious problem in the UK, despite asbestos having been banned since 1999. The current UK asbestos regulations are designed to ensure safe handling and disposal of asbestos, to help reduce future cases of mesothelioma, asbestos related lung cancer, asbestosis and pleural thickening.

What are the The UK Asbestos Regulations?

Asbestos was widely used in a variety of construction materials throughout the 20th century. So while its use has been banned since 1999, many buildings - both residential and commercial - still contain a lot of asbestos materials. These are generally safe as long as they remain undisturbed. However, where demolition or renovation projects are taking place, particularly in large commercial buildings such as offices and factories, the UK has strict regulations to control how, and by whom, asbestos is removed, called the Control of Asbestos Regulations 2012.

What do the UK Asbestos Regulations insist on?

Since 1999, the asbestos safety regulations have stated all of the below:

If existing asbestos containing materials are in good condition and are not likely to be damaged, they may be left in place; but their condition must be monitored and managed to ensure they are not disturbed
If you're responsible for maintenance of non-domestic premises, you have a 'duty to manage' the asbestos in them
If you want to do any building or maintenance work in premises, or on a plant or equipment that might contain asbestos, you need to identify where it is, its type and its condition; assess the risks, and manage and control these risks
The requirements for licensed work remain the same: in the majority of cases, work with asbestos needs to be done by a licensed contractor. If you're carrying out non-licensed asbestos work, this still requires effective controls.
The control limit for asbestos is 0.1 asbestos fibres per cubic centimetre of air (0.1 f/cm3)
Training is mandatory for anyone liable to be exposed to asbestos fibres at work.

However, the regulations were updated in 2012, and now additionally state that:

From 6 April 2012, some non-licensed work needs to be notified to the relevant enforcing authority.
From 6 April 2012, brief written records should be kept of non-licensed work, which has to be notified
By April 2015, all workers/self employed doing notifiable non-licensed work with asbestos must be under health surveillance by a doctor

If you want to know more about the UK's asbestos regulations, you will find them fully explained on the HSE website.

First, we record all the site data and findings on-site electronically using our bespoke in-house software, ZAMPA
Then we transfer it all to our office immediately upon completion for review, and release it to you as a pdf
We also upload it to our online client portal
If you need us to, we will create or update your management plan
If required, we will make suitable remedial arrangements for safe ongoing asbestos management

In line with the relevant guidance, HSG264 The Survey Guide, our reports contain all the vital information you need to safely manage asbestos containing materials, including:

Site details
HFS details
General reinspection survey information including aim and purpose
Exclusions/Inaccessible areas if applicable
Asbestos product
Asbestos type
Surface treatment (is the surface treated?)
Condition
Location
Extent
Recommendations
Drawings

We provide a full management service, tailored to your exact needs. You will find our reports clear and easy to understand. We’ll take care of everything relating to asbestos within your building. And because we value great communication, we’ll stick with you throughout the process to make sure everything goes perfectly.

What is the duty?

The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations 2012. It requires the person who has the duty (ie the 'dutyholder') to:

take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in
presume materials contain asbestos unless there is strong evidence that they do not
make, and keep up-to-date, a record of the location and condition of the asbestos- containing materials - or materials which are presumed to contain asbestos
assess the risk of anyone being exposed to fibres from the materials identified
prepare a plan that sets out in detail how the risks from these materials will be managed
take the necessary steps to put the plan into action
periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date
provide information on the location and condition of the materials to anyone who is liable to work on or disturb them

There is also a requirement on others to co-operate as far as is necessary to allow the dutyholder to comply with the above requirements.

Who has the duty?

The dutyholder is the owner of the non-domestic premises or the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises, for example through an explicit agreement such as a tenancy agreement or contract.

The extent of the duty will depend on the nature of that agreement. In a building occupied by one leaseholder, the agreement might be for either the owner or leaseholder to take on the full duty for the whole building; or it might be to share the duty. In a multi-occupied building, the agreement might be that the owner takes on the full duty for the whole building. Or it might be that the duty is shared - for example, the owner takes responsibility for the common parts while the leaseholders take responsibility for the parts they occupy. Sometimes, there might be an agreement to pass the responsibilities to a managing agent.

In some cases, there may be no tenancy agreement or contract. Or, if there is, it may not specify who has responsibility for the maintenance or repair of non-domestic premises. In these cases, or where the premises are unoccupied, the duty is placed on whoever has control of the premises, or part of the premises. Often this will be the owner.

In public buildings, such as hospitals, schools and similar premises, the identity of the dutyholder will depend on how the responsibility for maintenance of the premises is allocated. For example, for most schools, the dutyholder will be the employer. Who the employer is varies with the type of school. For local authority managed schools, eg community schools and voluntary-controlled schools, the employer is the local authority. For voluntary-aided and foundation schools, it will be the school governors, and for academy and Free Schools, the academy trust will be the employer. For independent and fee-paying schools, it may be the proprietor, governors or trustees. Budgets for repair and maintenance of school buildings are sometimes delegated to schools by a local authority. In such cases, the duty to manage asbestos is shared between schools and the local authority.