Flat-Living.co.uk Health & safety
THE HSE SETS ouT duTYHoLdERS’ oBLIGATIoNS AS FoLLowS: One of the duties imposed on RMCs under company law, is to
ensure that contractors who carry out work do so properly. Nowhere
• Either find out if there is asbestos on the premises,
is this more important than where works involve asbestos. Anyone
its location and what condition it is in, or make a
working on the building, for example telephone engineers, painters
presumption that asbestos is present, unless you have
and decorators, roofers etc, must be alerted to the possibility of the
strong evidence to the contrary;
presence of asbestos. Be aware that you need a trained contractor to
• Make and keep an up-to-date record of your findings;
work on materials such as asbestos cement, textured coatings or vinyl
• Set out a plan that details how you will manage
tiles. Only licensed contractors can work on high-risk materials such
any risk;
as pipe insulation, asbestos insulating panels or sprayed asbestos.
• Take any steps needed to put the plan into action;
• Review the plan on a regular basis; and
• Set up a system for providing information on the
don’T ignore The risKs
location and condition of ACMs for anyone who is likely
It is important not to underestimate the importance of the asbestos
to work on or disturb them.
regulations. If you ignore them you will be breaking the law and could
be prosecuted. The maximum penalty for non-compliance is a £5,000
It is important to keep a written record of any work carried out and
fine or imprisonment or both. Don’t forget that the responsibility for
ensure that the building is checked at least once a year to flag up any
compliance with the regulations lies with the RMC – even if you appoint
damage or deterioration to AMCs that needs attention. You must also
a specialist to assess your building and carry out any necessary work,
ensure that anyone who may come into contact with ACMs, such as
you must be involved in the final assessment of potential risk.
building contractors, are aware that they may be present so they can
There is no doubt that the numbers of personal injury claims being
take the necessary precautions. Complying with the regulations does not
brought by people suffering from asbestos-related illnesses are
mean removing all asbestos from your building. Your duty is to protect
increasing. However, the likelihood of RMC directors being sued for
residents and others visiting or working on your building from risk.
negligence is small, according to Steve Smith from liability insurance
Case Study: Bureau Veritas
Asbestos management A survey is then undertaken boilerhouses, ceilings to work is carried out.
consultant Bureau Veritas to verify, by sampling, whether walkways and backing panels Bureau Veritas also
works with clients to ensure ACM have been used in the to riser doors. recommends that the register
they are complying with areas of the building identified Anyone planning and is checked if premises are
the Control of Asbestos in the register. According coordinating building damaged by fire or flood, or
Regulations. First, the need to the company, the types maintenance work is obliged following any other accidental
for a register of asbestos of ACM most often found to consult the register to see or deliberate disturbance so
containing materials (ACM) is in common parts of multi- whether ACM are present in that any necessary works can
assessed by the age, design and tenanted buildings, are cement the areas needing work and, be carried out quickly and
construction of the premises roof sheets to outbuildings, if necessary, arrange for their safely.
in question. insulation to pipework in removal before maintenance
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