Jul 2012 - Issue 5 - National Federation of Fish Friers

THE fish friers REVIEW
The Control of Asbestos
Regulations 2006:
Your responsibilities for
buildings built before 2000
We spoke with David Grocott of ASI Environmental, industry experts in
Asbestos Surveying, to learn that some people are still ignoring asbestos
legislation and how you need to act to keep your business in line with
current regulations.
What are the regulations?
The Control of Asbestos Regulations 2006 came into force on 13 November
2006, and states that all commercial building built before 2000 must have an
Asbestos survey register, and failure to comply can result in a heavy fine and
closure of a business premises if Asbestos is found and in a hazardous state.
It is the legal responsibility of the Duty holder to have undertaken an Asbestos
Management Survey. This is the standard survey and the one that all
commercial buildings must have by law under The Control of Asbestos
Regulations 2006.
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Case Studies
In 2011 Marks and Spencer were fined £1m for asbestos
breaches at two of its stores. The fine was for failing to protect
customers, staff and workers from potential exposure to asbestos
during refurbishment at two of its stores in Reading and
Bournemouth. Richard Matthews, prosecuting, told the trial that
M&S failed to carry out sufficient surveys to identify the location
of asbestos in the stores.
In 2003 a Chip-shop fitter's widow won £300,000 in damages
after her husband died from mesothelioma, aged 53. Anita
Bryenton's husband, Colin, had worked for Halifax Fisheries Ltd
installing cooking ranges in fish and chip shops. He was frequently
required to drill, cut and saw asbestos sheets as well as remove
old sheets when repairing or removing ranges. Mr Bryenton's
employers did not provide him with adequate protective
equipment to prevent him inhaling the asbestos dust.
It came into force on 13 November 2006 and is often asked for by insurance
companies and mortgage lenders for private homes. Its purpose is to locate,
as far as reasonably practicable, the presence and extent of any suspect
asbestos containing material (ACM) in the building which could be damaged
or disturbed during normal occupancy, including foreseeable maintenance and
installation and to assess their condition.
The Health & Safety Executive (HSE) carried out targeted inspections during
February and March 2012, visiting over 3,200 shop premises nationwide.
Inspectors visited 415 sites in the North East of England and were forced to
take formal enforcement action at 186 sites, issuing notices to prohibit work
activities or to get matters put right.
These notices issued related to asbestos matters and it was found that some
premises had not complied with current legislation and had an asbestos survey
carried out.
Who is responsible?
The Duty holder is anyone responsible for maintaining and repairing all or part
of a property, or who has control of the building. For example, the occupier or
the owner.
Will the regulation affect me?
If you control or have information about the building, you must co-operate with
the Duty holder. For instance, landlords must pass on relevant information to
new tenants, and leaseholders must allow access for inspection by managing
agents.
What do I need to do?
Everyone must start to take action now – even if all you have to do is to cooperate
with the Duty holder.