Flat-Living.co.uk Health & safety
Asbestos:
are you liable?
A new campaign launched by the Health & Safety Executive in
November highlights the dangers of working with asbestos. RMC
directors should be aware of the issues surrounding this dangerous
material and make sure they understand their obligation to protect
fellow residents, visitors and contractors, should asbestos be present
in their building.
sbestos was used extensively as a building material
A
in the UK from the 1950s to the mid-1980s and any
pre-2000 building could contain this potentially
hazardous substance, which was most commonly
used for fireproofing and insulation. Although
building materials containing asbestos aren’t dangerous in
themselves, if they are damaged or disturbed any airborne
asbestos fibres become extremely dangerous, with the potential
to cause fatal respiratory disease. So if repair and maintenance
work is being carried out on a building, it is vital to know whether
asbestos is likely to be encountered.
An estimated 4000 people a year die from asbestos-related diseases
and this figure is increasing (source: HSE). The Control of Asbestos
Regulations were introduced in 2006 to reduce exposure to asbestos
containing materials (ACMs) by placing a legal obligation on anyone
responsible for managing buildings to ensure that asbestos is dealt
with safely.
Because the regulations apply to non-domestic premises, RMC
directors may wrongly assume they don’t apply to them. However,
although individual dwellings do not fall within the compass of the
legislation, the common parts of domestic premises - which are
the responsibility of the RMC - do. The HSE lists these as areas
such as entrance lobbies, corridors, walkways, lifts and lift shafts,
staircases, boiler houses, risers, gardens, yards and outhouses. The
tenanted parts of a building are excepted but this delineation may not
always be as simple as it at first appears and you may need to take
professional advice to determine which parts of your building really
are ‘common’ areas.
how do i CoMpLY wiTh The reguLATions?
Under the regulations, RMCs are designated ‘dutyholders’ and have
a legal obligation to protect residents and others from exposure to
asbestos. But if this sounds daunting, don’t worry. There is plenty of
information available to help RMC directors understand and comply
with the regulations.
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