Reading in the trade news this week that a company had been fined for not completing or adhering to an Asbestos Survey requirements.
The HSE is quite specific about the “Duty” here is an extract of the requirements;
“The duty to manage asbestos is directed at those who manage non-domestic premises: the people with responsibility for protecting others who work in such premises, or use them in other ways, from the risks to ill-health that exposure to asbestos causes.
The revised ACOP L143 ‘Managing and working with asbestos’ contains updated information about the requirements to manage asbestos under regulation 4 of CAR 2012. The information was previously available in the ACOP L127 ‘The management of asbestos in non-domestic premises’ which has now been withdrawn.
The duty holder is the owner of the non-domestic premises or the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises, for example through an explicit agreement such as a tenancy agreement or contract.
The extent of the duty will depend on the nature of that agreement. In a building occupied by one leaseholder, the agreement might be for either the owner or leaseholder to take on the full duty for the whole building; or it might be to share the duty. In a multi-occupied building, the agreement might be that the owner takes on the full duty for the whole building. Or it might be that the duty is shared – for example, the owner takes responsibility for the common parts while the leaseholders take responsibility for the parts they occupy. Sometimes, there might be an agreement to pass the responsibilities to a managing agent.”
To read more on the responsibilities of the building owner or dedicated maintainer just follow this link.
Safeline Environmental can provide you with a professional survey that will meet the asbestos survey requirements and cost far less than the £44000 fine handed out to one building owner recently.