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Legislation (CAWR 2006)
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The Control of Asbestos at Work Regulations 2006
now places an explicit duty on those responsible for workplace safety in
relation to asbestos. After a survey or assessment has shown that
Asbestos Containing Materials (ACMs) are present or are likely to be
present, regulation 4 of the Control of Asbestos Regulations (CAWR) 2006
requires the *duty holder to produce a written plan recording:
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The risks from such known or presumed ACMs as
identified in the assessment.
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Measures to be taken to reduce or eliminate any risks,
including risk assessments and method statements where work on ACMs is to
be undertaken in house.
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A plan for the continuous monitoring and maintenance
of known or presumed ACM’s until removal of them is necessary. The
results of the continuous monitoring must be recorded.
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All elements of the plan must be reviewed and, where
necessary, revised at regular intervals, particularly risk assessments
accounting for any change of use of the premise. The plan when complete should
identify all risks associated with the ACMs within the premises
(regardless of how low the risk is) and the measures in place to reduce
them.
The
plan must be available to all persons (employees, contractors and or
visitors to the premises) liable to disturb any of the known or presumed
ACMs within the premises. This includes the emergency services.
The
responsibility rests with the ‘duty holder’ defined by the
Act as:-
every person who has, by virtue
of a contract or tenancy, an obligation of any extent in relation to the
maintenance or repair of non-domestic premises or any means of access to
or from such premises.
Where there is no contract or tenancy every person who has control of
that part of the non-domestic premises or any means of access to or from
such premises.
where there is more than one duty holder, the relative contribution to be
made by each such person in complying with the requirements of this
regulation will be determined by the nature and extent of the maintenance
and repair obligation owed by that person.
Any duty holder
must now:-
Take reasonable steps to
determine the location and nature of asbestos and presumed asbestos
materials present.
Keep and regularly update a register of the location, condition,
maintenance and removal of all asbestos materials.
Manage all aspects of asbestos materials that are to remain in place by
means of a management plan.
Inform anyone who is likely to disturb asbestos containing material about
its location and condition.
For information on CAWR 2006
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