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The questions below are standard areas which require your compliance under Health & Safety Legislation.

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Top Questions

Q.
Do I have to have an Asbestos Management Plan

A.
The Health and Safety at Work etc Act 1974 requires an employer to provide a safe workplace. Work with asbestos is covered by its own set of regulations – the Control of Asbestos at Work Regulations 2006 (CAWR). There are duties to prepare a risk assessment and to make written arrangements to protect those at risk in the Management of Health and Safety at Work Regulations 1999, and to maintain workplace buildings/premises to protect occupants and workers under the Workplace (Health, Safety and Welfare) Regulations 1992. Arrangements to deal with asbestos during refurbishment may also be required by the Construction (Design and Management) Regulations 2007.

The CAWR create an explicit duty to assess and manage the risks from asbestos in premises. The risks will vary with circumstances, ranging from normal occupation of a building to the repair, refurbishment and demolition of the premises, and they will each need to be assessed. This assessment will be used to produce a management plan which details and records the actions to be undertaken to manage and reduce the risks from asbestos. The broad requirements on employers are to:

  • take reasonable steps to determine the location of materials likely to contain asbestos;
  • presume materials to contain asbestos, unless there are good reasons not to do so;
  • make and maintain a written record of the location of the asbestos and presumed asbestos materials;
  • monitor the condition of asbestos and presumed asbestos materials;
  • assess the risk of exposure from the asbestos and presumed asbestos materials and document the actions necessary to manage the risk; and
  • take steps to see that the actions above are carried out.

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