Asbestos Survey Legal Requirement

Asbestos is a hazardous material that poses significant health risks if not managed properly. The legal requirement for asbestos surveys is a crucial aspect of ensuring safety and compliance in the construction industry. Understanding these requirements can help construction companies mitigate potential issues and avoid costly penalties. At Blackstone Solicitors, we offer comprehensive legal services across England and Wales, and we are here to guide you through the complexities of asbestos survey requirements.

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What is an Asbestos Survey?

An asbestos survey is an inspection carried out to identify the presence and condition of asbestos-containing materials (ACMs) in a building. The purpose of the survey is to assess the risk of asbestos exposure and to provide information necessary for managing and controlling these risks. There are different types of asbestos surveys, each suited to specific situations and stages of a building’s lifecycle.

Types of Asbestos Surveys

1. Management Survey: This is the standard survey required for the normal occupation and use of a building. It aims to ensure that ACMs are managed safely and are not disturbed during routine maintenance or everyday activities. The survey involves a combination of visual inspection and sampling of suspect materials.
2. Refurbishment and Demolition Survey: This survey is required before any refurbishment or demolition work is carried out. It is more intrusive and involves destructive inspection to access all areas where asbestos might be present. The goal is to ensure that no ACMs are disturbed during the work, which could release asbestos fibres into the air.

Legal Framework for Asbestos Surveys

The legal requirements for asbestos surveys are primarily governed by the Control of Asbestos Regulations 2012 (CAR 2012). These regulations set out the duties and responsibilities of those involved in the management and control of asbestos in non-domestic premises.

Key Legal Requirements

1. Duty to Manage Asbestos: Regulation 4 of CAR 2012 places a duty on those responsible for the maintenance and repair of non-domestic premises to manage the risk from asbestos. This includes identifying the location and condition of ACMs and ensuring that they are properly managed.
2. Requirement for Asbestos Surveys: To comply with the duty to manage asbestos, an asbestos survey must be conducted. The type of survey required depends on the nature of the building and the planned activities. A management survey is typically sufficient for ongoing use, while a refurbishment and demolition survey is necessary before any major work.
3. Competence of Surveyors: The regulations require that asbestos surveys be carried out by competent persons. This means that the surveyor must have the necessary training, experience, and knowledge to identify and assess ACMs accurately. It is advisable to use surveyors who are accredited by a recognised body, such as the United Kingdom Accreditation Service (UKAS).
4. Asbestos Register and Management Plan: Following the survey, the findings must be recorded in an asbestos register. This document should detail the location, type, and condition of any ACMs found. Additionally, an asbestos management plan must be developed to outline how the risks will be managed and monitored.
5. Communication and Training: Information about the presence and condition of ACMs must be communicated to anyone who may come into contact with them, including employees, contractors, and maintenance workers. Appropriate training must be provided to ensure that everyone understands the risks and knows how to work safely with asbestos.

Steps to Conducting an Asbestos Survey

1. Planning and Preparation: Before conducting an asbestos survey, it is essential to plan and prepare thoroughly. This includes defining the scope of the survey, identifying areas to be inspected, and ensuring that the surveyor has access to all relevant parts of the building.
2. Conducting the Survey: The surveyor will carry out a visual inspection of the building, taking samples of any suspect materials. These samples are then analysed in a laboratory to confirm the presence of asbestos. For refurbishment and demolition surveys, more intrusive methods may be used to access hidden areas.
3. Recording and Reporting: The results of the survey must be documented in a detailed report. This report should include the location, type, and condition of any ACMs found, as well as recommendations for managing the risks. The report forms the basis for the asbestos register and management plan.
4. Implementing the Management Plan: Based on the survey findings, an asbestos management plan must be developed and implemented. This plan should outline the procedures for monitoring, maintaining, and safely removing asbestos. Regular reviews and updates to the plan are necessary to ensure ongoing compliance.

Importance of Compliance

Compliance with the legal requirements for asbestos surveys is essential for protecting the health and safety of workers and the public. Failure to comply can result in severe penalties, including fines and imprisonment. Non-compliance can also lead to costly project delays, reputational damage, and increased liability for health claims.

Conclusion

Understanding the legal requirements for asbestos surveys is crucial for construction companies to ensure compliance and protect the health of their employees and others. By conducting thorough asbestos surveys and implementing effective management plans, companies can minimise the risks associated with asbestos exposure. At Blackstone Solicitors, we are committed to providing expert legal guidance to help you navigate the complexities of asbestos regulations.

How we can help

We have a proven track record of helping clients deal with construction law. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of construction law services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/construction-solicitors/

How to Contact Our Construction Solicitors

It is important for you to be well informed about the possible implications of a construction issue. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Construction solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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