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1 February 2003

Control of Asbestos at Work Regulations

The above regulations which come into force on 21 May 2004 require duty-holders to manage asbestos containing materials (ACMs) in premises for which they are responsible.From 21 May 2002 there are two categories of duty-holders :a. Occupiers - any person who has to any extent control of non-domestic premisesb. Maintainers and repairers - everyone with an obligation to maintain or repair non-domestic premises under the terms of a contract or their tenancy.If asbestos is, or is liable to be present in your company's premises a suitable and sufficient materials assessment must be prepared by a competent person on behalf of the duty-holder.Until the survey has been carried out companies must assume that work undertaken on the fabric of the building will lead to exposure of the most dangerous type of asbestos (Blue - crocidolite) and ensure the approved precautions are taken.Companies should note that although a survey of the premises may be needed when identified by the initial assessment, there is no duty to survey. Following the materials assessment and a risk assessment on activities being undertaken in areas where asbestos is present or likely to be disturbed and employees and others exposed to the fibres, a written management plan should be produced clearly identifying where the asbestos is and specify what will be done to manage that risk.Members should take great care if they need to have asbestos removed from their premises when engaging a licensed asbestos contractor as numerous cases have been found where contractors have misrepresented the law and quoted inflated sums for asbestos related work which was either unnecessary or which could be safely carried at at a fraction of the cost.

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