Asbestos Management Plan

Who is responsible for an Asbestos Management Plan?

If someone has the main responsibility for the maintenance or repair of a non-domestic premises, the common parts of a domestic premises or any equipment that might contain asbestos they are described, in the Control of Asbestos Regulations (2012), as the “duty holder”.

The duty holder has a duty to determine if asbestos is present in the building/s he controls and , if so, is expected to have an “Asbestos Management Plan” in place to deal with the risks associated with the material.  Many duty holders are, even after it became a legal requirement in 2002, ignorant of the fact that they should have a Management Plan in place for their building as required by Regulation 4 of the Control of Asbestos Regulations 2012.

The regulations apply to buildings constructed before 2000 (asbestos was banned in building construction from 1999) and new buildings that have been built on brownfield sites.

Sometimes the responsibility under the regulations does not lie entirely with the owner. This can occur when, for example, an owner rents out or leases workplace premises under agreements where the tenants or leaseholders are responsible for all alterations, repairs and maintenance in the premises. In this situation it is the tenant or leaseholder who is the duty holder.

Responsibility is often shared in buildings containing tenanted flats which have common entrance halls, corridors, walkways, lifts and lift shafts, staircases, boiler houses, gardens or out houses. In this case the tenant is responsible for the internal fabric of their premises, while the landlord is responsible for the common areas.

Where responsibility for the upkeep of common areas in a domestic property has been passed by the landlord to a managing agent it is the managing agent that has the responsibility of duty holder.

How is the Asbestos Management Plan Created?

Creating an Asbestos Register

As the duty holder the first step is to inspect the building. In preparing for the inspection you can take note of any previous asbestos surveys, but shouldn’t rely on them, as they may have missed asbestos materials. You should copy or draw a plan of the building. After having completed this you should walk around and check. Mark on the plan anything that contains or might contain asbestos. Note down each material that might contain asbestos. Note how much there is and its condition (good/poor). If you can’t get access to an area such as a roof void or wall cavity, presume that this contains asbestos and record this in the register. When your inspection has finished, complete your asbestos register and date and sign it.

It is worth stating that the majority of Duty Holders are not qualified or experienced enough to undertake an asbestos survey or an assessment of the property for which they are responsible and , therefore, compiling a Management Plan.

The Survey

The Health and Safety Executive recommend that duty holders employ the services of an experienced and qualified asbestos surveying organisation accredited by UKAS to ISO 17020.

The survey is designed to locate and record the extent and condition of any ACMs together with assessing the risk posed by any asbestos that may be present . It will also detail recommendations for any remedial actions considered necessary.

As part of an asbestos management plan, regular re-inspections will need to be scheduled to make sure the condition of the asbestos isn’t deteriorating becoming more of a risk to building occupants.

Asbestos surveys determine what asbestos materials are present in a building and enable assessments to be made for inclusion in the Management Plan.

The Management Plan

Once the survey has been completed, the details need to inform a register, which will be a key part of the Asbestos Management Plan and should contain all asbestos related information. It should include detailed reports about the locations and amounts of asbestos, along with a plan for safe working methods to avoid disturbing the asbestos fibres. This register can then be developed into an action plan stating what is being done, who is doing it and when they are doing it. The action plan should also state how the ACMs will be managed and monitored, along with a full implementation strategy, which will involve identifying who is responsible for what. The plan must also record work that has been done, by whom and when.

The Asbestos Management Plan should identify the roles and responsibilities of owners, management and duty holders and identify who is the deputy duty holder in the event of the duty holder’s absence. Where there are training needs these also need to be identified as part of the plan, together with how and when they are going to be met.

The regularity in which ACMs are inspected will depend on their condition, location and the risk of exposure. Generally speaking, you should have an annual inspection unless the ACM is in good condition and in an area, which is not generally accessed, nor is likely to be worked on by tradespeople. A schedule for the monitoring of ACMs should be contained within the plan.

Once the Asbestos Management Plan is in place the duty holder needs to ensure that it is communicated to all stakeholders and constantly available.

The survey and action plan should identify a list of priorities based on risk. High priority must be given to damaged materials and materials likely to be disturbed. These will need to be repaired, sealed, enclosed protectively or removed using a licenced asbestos contractor.

The Asbestos Management Plan should also address the protection of people from the risks associated with ACMs which includes maintenance personnel (internal and/or external) other personnel working, visitors and members of the public. The plan should cover informing all relevant personnel of the location of ACM’s and instructing them not to disturb the material/s, labelling ACM’s with warning labels and enforcing a permit to work system.

The Cost of Inaction

The cost of inaction on asbestos management and planning can be considerable. If you don’t have a plan to deal with asbestos and put it in action, you could face:

• a fine of up to £20,000
• imprisonment for up to 12 months

For a serious breach you could face an unlimited fine and/or imprisonment of up to 2 years. In the last five years both prison sentences and heavy fines have been handed down by courts in relation to failures in asbestos management.

Learn More with Rightway Environmental

The price in human misery of failing to effectively and legally manage the risk of asbestos is potentially very high. The Asbestos Management Plan should be the key driver in ensuring that there are no risks associated with any ACMs in a building.

For guidance on asbestos surveys, the removal of asbestos and other aspects of asbestos management planning, get in touch with us today.