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Who is responsible for getting rid of Asbestos?
Those who are responsible for maintaining all or part of business premises, must also manage and get rid of any asbestos.
Depending on the lease agreement, the people responsible and legally obliged to get rid of any asbestos on a premises could include:
- The tenant
- The landlord
- The managing agent
If the lease agreement doesn’t stipulate who is responsible, the responsibility lies with the person who has the greatest degree of control over a premises.
If you hold this legal duty, you must take reasonable steps to determine the location and condition of materials likely to contain asbestos in the property.
As the person responsible for managing asbestos issues you must:
- Presume that any suspect materials contain asbestos unless there is strong evidence that they do not
- Ensure up-to-date log book is kept, detailing the exact location and condition of any asbestos-containing materials (ACMs) on the premises – whether these ACMs are confirmed or presumed.
- Evaluate the likelihood of anyone being at risk of exposure to fibres from these materials
- Prepare a plan that outlines how the risks from the materials are to be managed and then take the necessary steps to put the plan into action.
Please note it is compulsory to co-operate with the person who is legally responsible for managing asbestos risks in your premises – even if that person isn’t you.
What types of asbestos surveys are there?
Here is an example of two types of surveys which may be needed a result of the presence of asbestos:
- A Management Survey which will be carried out as part of risk control in occupied buildings (previously called a Type 1 or Type 2 Survey).
- *A Demolition or Refurbishment Survey, which can be carried out prior to any remedial work so the asbestos can first be safely removed (previously called a Type 3 Survey).
*If a Demolition or Refurbishment Survey is needed, this has potential to have a destructive effect on the property, as even hidden ACMs must be identified.
A comprehensive asbestos survey and management plan is the most important tool in establishing any risks that may be present, and enabling those with duties and obligations under the Control of Asbestos Regulations to act and manage these risks safely and efficiently.
Whilst the emphasis must be on safety, it’s also important to remember that without ‘evidence’ that a building doesn’t contain asbestos, it must be presumed to do so. This may mean non-asbestos materials are handled as if they do contain ACM’s materials, and this can lead to unnecessary effort and cost.