www.coventry.gov.uk

Asbestos

GuidanceManagement

Contents

Page

Introduction 3

Duty to Manage 3

Managing Asbestos Risk 4

Where Duty Applies 4

Building Occupation Changes 4

Duty Holders 5

Duty to Co-operate 5

Delegating Tasks 5

Duty Holders Responsibilities 6

Managing Remaining Asbestos 6

Reviewing the Management Plan 7

Communicating the Management Plan 7

2

Introduction

This Guidance takes you through the process of understanding the main duties relating to the management of asbestos risk in non-domestic buildings in accordance with current legislation.

In particular the Guidance explains:

■ What the” duty to manage” asbestos risk means in practice.■ Where the” duty to manage” applies and who are the duty holders.■ The effects of changes in tenancy or occupation of a building.■ All party’s duty to cooperate with each other.■ Delegating certain asbestos management tasks.■ Duty holders responsibilities.■ Managing asbestos in buildings where it is left in place.■ Reviewing, updating and communicating the asbestos management plan.

The Control of Asbestos Regulations (CAR) 2012 place legal duties on employers.

Regulation 4 places a specific duty to manage asbestos on the owners and/or those responsible for maintenance in non-domestic premises.

All CCC managed sites will be surveyed, with a management plan implemented, periodically reviewed and stored on the central database.

All asbestos identified within a site’s management plan register, will be periodically inspected and the plan’s register updated. The inspection period will be based on risk.

CCC will manage asbestos where it is the duty holder via its central asbestos management database. Individual property duty holders must view their site’s asbestos management plan and download a copy as required.

Duty to Manage

The ‘duty to manage’ asbestos requires CCC and individual duty holders to identify, input and record the location and condition of asbestos in non-domestic premises and to manage the risk to prevent harm to anyone who works on the building or to building occupants.

Third party specialist contractors will assist CCC to manage its duty holder responsibilities. They will undertake surveys, provide the relevant data for management plans and review the plans. Asbestos recorded within a plans register will be periodically inspected, based on total risk assessment and the central database updated accordingly.

Individual properties managers and emergency services are able to view their sites asbestos management plan and download a copy as required.

3

Managing Asbestos Risk

CCC as ‘principal duty holder’ has overall responsibility and is required to ensure that a written plan is prepared that shows where the asbestos containing material (ACM) is located and how it will be managed to prevent exposure to asbestos, including to contractors and other workers who may carry out work on the fabric of the building that could disturb the asbestos. This plan then needs to be put into action and communicated to those affected.

CCC needs to ensure the plan is reviewed regularly and updated as circumstances change, in consultation with all those who may be affected. CCC delegates property managers as ‘local duty holder’ responsible for individual properties at site level with responsibility for ensuring asbestos compliance with current legislation.

CCC will manage its duty holder responsibilities via third party specialist consultants Individual managers/duty holders are able to view their sites asbestos management plan and download a copy as required. The plan must be made available through the local duty holder; who must action the plan at site level and communicate it to all who may be affected such as staff, maintenance engineers, visitors, project contractors and any others likely to come in contact with the asbestos.

CCC will review individual site plans annually or as required where a change of circumstances dictate in consultation with local duty holders.

Where Duty Applies

The ‘duty to manage’ covers all non-domestic premises, constructed prior to the year 2000. This includes all industrial and commercial buildings, such as factories, warehouses, offices and shops. The duty also covers public buildings such as, schools, museums, libraries, leisure centres, churches and other religious buildings. In addition are structures and installations (such as bridges), street furniture (such as street lighting) etc.

The duty also applies to the ‘common parts’ of multi–occupancy retail, commercial or industrial premises. The common parts of such premises might include foyers, corridors, lifts/ lift shafts, staircases, roof spaces, gardens, yards, out-houses and garages but not the let office/unit area inside each property where the responsible person under a tenancy agreement is the tenant.

4

Building Occupation Changes

If a building is vacated resulting in a change of tenancy or becoming void, CCC must immediately make sure all relevant information is created/reviewed, updated accordingly and passed on to any new occupier.

Duty to Co-operate

Where CCC has shared responsibility with others, all parties should make whatever parts of the building they are responsible for available to one another. Anyone who has information on or control of the premises, must assist the duty holder, to comply with the duty.

This however does not include paying for or sharing the costs of any actions the duty holder takes to manage these risks.

Where there is shared responsibility, CCC will co-operate with local duty holders by providing any information it may hold on its buildings regarding the presence of asbestos.

For operational properties with devolved budgets, e.g. schools, the Head Teacher and governors must co-operate with the principal duty holder by providing any information it may hold on its school buildings.

5

Delegating Tasks

The CCC’s legal responsibilities as duty holder cannot be delegated; however CCC may appoint an individual or organisation to assist in complying with its duties. The appointed individual or organisation must be competent to do this work. Analytical or surveying organisations must be accredited by the United Kingdom Accreditation Service (UKAS). Safety representatives must be consulted about the arrangements to appoint a competent person or organisation.

CCC will appoint UKAS accredited specialist consultants to assist with its responsibilities as principal duty holder. The specialist consultants will: undertake surveys, implement management plans and review the plans as required.

Asbestos recorded within a plan’s register will be periodically inspected, based on priority risk assessment and the central database updated accordingly.

Duty Holders

CCC’s asbestos management ‘principal duty holder’ is Place Directorate, Property Asset Management Team, and is responsible for management of asbestos within the CCC’s operational properties where CCC has a duty.

■ for corporate operational properties the site, premise or operation manager is the duty holder■ for operational properties with devolved budgets, e.g. schools, the Head Teacher and the School Governors are the local duty holders■ for commercial, industrial or retail properties with a contract/tenancy agreement which gives all repair responsibility to the tenant, that tenant occupier is the local duty holder■ for void properties Commercial Property is the local duty holder

Duty Holders Responsibilities

Duty holders are required to ensure that they take reasonable steps to;■ identify asbestos containing materials■ record their location and condition■ quantify the risk to individuals■ prepare a written management plan■ implement that plan to ensure that: ■ asbestos is kept in a good condition ■ any material that contains (or is presumed to contain) asbestos is, because of the risks associated with its location or condition, repaired and adequately protected - or, if it is in a vulnerable position and cannot be adequately repaired or protected, it is removed ■ Information on the location and condition of the material is given to anyone who is liable to disturb it, or is otherwise potentially at risk

Specialist consultants will: undertake surveys, implement management plans and review the plans as required

Asbestos recorded within a plan’s register will be periodically inspected, based on priority risk assessment and the central database updated accordingly.

The local duty holder must action the plan at site level and communicate it to all who may be affected such as staff, maintenance engineers, visitors, project contractors and any others likely to come in contact with the asbestos.

Asbestos requiring remediation repair or adequate protection, should be brought to the attention of the appropriate duty holder(s).

6

Managing Remaining Asbestos

Asbestos containing material (ACM) which in good condition and well protected either by its position or physical protection, reducing the likelihood of damage, and is unlikely to be worked on regularly or otherwise disturbed, should be left in place and managed.

Where asbestos is left in place, the information should be entered on the record/register of locations and the information kept up-to-date. Everyone who needs to know about the asbestos should be told about its presence in sufficient detail, e.g. maintenance workers, contractors and occupants. Occupants of the premises should be instructed not to do anything which could damage or disturb the asbestos and to report any accidental damage promptly. The duty holder must make sure that those who might work on the material know that it contains or may contain asbestos, before they start work. A suitable warning system (e.g. colour coding or labelling) can be used. To prevent confusion, the location of non-asbestos material which could be mistaken for asbestos should be noted in the asbestos register and drawing.

Specialist consultants will review the plans asbestos register, based on both material and priority risk assessment. The local duty holder must communicate the presence of asbestos to all who may be affected such as staff, maintenance engineers, visitors, project contractors and any others likely to come in contact with the asbestos.

Contacts

For further information contact:

Asbestos management guidance please contact, Statutory Compliance, Coventry City Council on024 7683 2690 or e-mail compliance@coventry.gov.uk

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Reviewing the Management Plan

As a minimum, the management plan, including records and drawings, must be reviewed and updated accordingly every 12 months, or if circumstances have changed (e.g. there is a change of use of building, work being undertaken, asbestos removed or repaired etc.). Identified or presumed asbestos must be inspected and assessed periodically, to check their condition. The frequency of inspection will depend on the applicable risk of the asbestos.

The effectiveness of the current management plan should be reviewed and periodic checks made to make sure that the arrangements and procedures for managing asbestos are working and that people are fully aware of what they should be doing to comply with the duty to manage.

Specialist consultants will review management plans as required. Asbestos recorded within a plans register will be periodically inspected, based on total risk assessment and the central database updated accordingly.

The local duty holder must test the efficacy of the plan to confirm all involved are awareof their duty.

7

Communicating the Management Plan

Duty holders should ensure that their management plan is made available to all the individual premises, so if there are separate site managers/building managers responsible for different premises on the same site, they must each make the information available to those in their respective premises.

Duty holders should:■ tell employees what the management plan arrangements are■ provide the emergency services with information on the location and condition of any known asbestos■ provide copies of the management plan for employee representatives and trade union safety representatives

Where there is shared responsibility, CCC will co-operate with local duty holders by providing any information it may hold on its buildings regarding the presence of asbestos.

The local duty holder must inform employees of the management plan and confirm all involved are aware of their duty. Provide access to the plan for all staff and their representatives including the emergency services.

If you need this information in another language orformat please contact

Asbestos Managementon 024 7683 2690