Source · Select Committees · Work and Pensions Committee
Recommendation 7
7
Paragraph: 49
Under the Control of Asbestos Regulations 2012, asbestos-containing materials that are in good condition and...
Conclusion
Under the Control of Asbestos Regulations 2012, asbestos-containing materials that are in good condition and are unlikely to be disturbed can be left in place by building dutyholders. Buildings containing asbestos will not last forever and, as HSE acknowledges, we do not know how long some of these materials, left undisturbed, remain undamaged. Some, including the TUC, have called for a stronger programme of asbestos removal. They argue that a policy of management in situ was always a temporary solution and that accidental disturbances by contractors and others will always happen. They believe that the current regime gives unscrupulous dutyholders too much flexibility to turn a blind eye when confronted with the cost of asbestos removal.
Paragraph Reference:
49
Government Response
Acknowledged
HM Government
Acknowledged
The Government agrees that addressing Great Britain’s (GB) asbestos legacy – particularly in public buildings – remains a key issue, and that continuing to improve and build on the evidence base around safe management and disposal of asbestos is fundamental. The Government believes that GB currently has a mature and comprehensive plan to managing legacy asbestos risks that aligns with the best evidence currently available. This plan is reflected throughout the approaches outlined in the Control of Asbestos Regulations 2012 (CAR) and the ‘duty to manage’ (‘the duty’) found in Regulation 4 of CAR. All those in control of non- domestic premises or those who have a contractual obligation (known throughout the legislation as ‘dutyholders’) have to put in place a nine-point system for the management of asbestos. The key steps include: • A written plan must be created and maintained which sets out the management arrangements for safe removal where necessary or protecting and then frequently rechecking conditions • Information on the location of asbestos containing materials (ACM) must be proactively passed by the dutyholder to any person liable to disturb it. • Regulation 7 (3) of CAR requires asbestos to be removed before refurbishment work and before demolition. If it’s in poor condition or in a vulnerable position it should be removed. There is an expectation of gradual removal. If refurbishment occurs without removal that is non-compliance. • The Approved Code of Practice on the regulations (L143) must also be complied with or other equally effective measures must be taken; CAR and the ACOP are a joint package giving detailed guidance and direction. They include air testing for employee’s exposure and reoccupation of cleaned spaces and other requirements on competence, health surveillance, records, work notification and plans of work. The Health and Safety Executive (HSE) provided evidence to the committee that the correct implementation of CAR not only ensures management of risks of exposure but will eventually lead to the elimination of asbestos from the built environment without the need for a target deadline. The UK was the first country in Europe to create an explicit duty to manage asbestos in all non-domestic premises which came into effect in 2004 (Control of Asbestos at Work Regulations 2002 [CAR], Northern Ireland has equivalent provisions). This was driven by the need to reduce the risk to those most at risk of exposure - maintenance workers. There were several public consultations and the focus of the requirement was on protecting visiting or resident building maintenance workers and preventing them from accidentally disturbing asbestos without the correct precautions.