Wakemans Trade Secrets
Insider information of general interest to the construction industry.

New guidance to support the 'duty to manage' requirements for asbestos was published at the end of last year by the Health and Safety Executive (HSE), following the introduction of the Control of Asbestos At Work Regulations 2002 (CAWR).
It is estimated that asbestos related diseases currently kill up to 3,000 people a year in Great Britain and the HSE started a five year campaign in 2001 to raise awareness of the risk from asbestos in buildings. Nick Brown, the Minister with responsibility for Health and safety made the following comments when the new guidance was launched:
"Asbestos is the most serious occupational health problem, in terms of fatal disease, that the country faces. In the 30 years between 1968 and 1998, 50,000 people died in the UK from asbestos related diseases. These regulations should go a long way towards preventing this human suffering and misery."
The new guidance material includes an approved code of practice (ACoP), an updated and re-titled leaflet and a guidance booklet.
The ACoP gives advice on the new legal requirements and explains the duties of building owners, tenants and others with legal responsibilities for non- domestic premises.
The leaflet is aimed at those with smaller less complex premises and gives basic, practical background advice.
The guidance booklet is more suitable for dutyholders in more complex organisations and expands on the information given in the leaflet.
Those with an interest in property and employers should consult with a property consultant to clarify their duties, as there is now a legal duty to prevent the exposure of employees to asbestos. This involves a requirement to manage the risk from asbestos by finding out if there is asbestos in the premises, its amount and what condition it is in. An up to date record of the location and condition of the asbestos in the premises is also required.
The first step for property owners is to find out if there is asbestos in their premises, and then to check the amount and the condition it is in. The presumption will have to be made that materials contain asbestos, unless there is strong evidence that they do not.
Wakemans manages asbestos surveys for organisations, especially those with larger and older property portfolios, who may require professional assistance with records of assessments.
Property owners will need assistance to prepare and implement a management plan, which will need to be monitored and reviewed every six months. Anyone liable to work on the premises needs to know where the asbestos is and the potential risks to their health if they disturb it. This applies to anyone installing telephones, computers, or any electrical equipment, as they also may disturb asbestos. Those employed in the building industry, such as carpenters, and electricians are most at risk.
In fact research shows that 25% of the 3,000 people who currently die from asbestos related illnesses each year have worked in the building industry at some time.
The new legislation allows time for companies to comply but after May 2004 they could be prosecuted by HSE for failing to develop a management plan.