Among other things, it requires anyone with responsibility for maintenance or repair of workplace buildings to find out if there is asbestos in the premises, its amount and what condition it is in.

The obligation is to presume materials contain asbestos unless there is strong evidence that they do not. (This is often referred to as a ‘presumptive inspection.’)

The next important stages are: to keep a record of the location of asbestos, to assess the risks of exposure, and to prepare, and action, a plan setting out how to manage those risks. HSE has published comprehensive guidance on what needs to be done.

HSE guidance

HSE expect dutyholders to have a precautionary approach to maintenance activities. This means ensuring that maintenance staff are not put at risk by unknowingly working with, or around, asbestos materials.

Until such times as dutyholders are able to confirm whether materials contain asbestos they must presume that the materials do so and with that ensure appropriate precautions are introduced and that other relevant Regulations are complied with.

It is important that any materials that could contain asbestos are in reasonable condition and not in a location where they could be disturbed and fibres inhaled.

Dutyholders should carry out an assessment to find any materials that are in a poor condition and may contain asbestos. This has to be done early if those working on the premise are to be protected.

This is not a survey, it is simply an inspection for damaged materials that could contain asbestos and present an immediate risk. Once these are dealt with a dutyholder will have time to implement an effective management plan.

ABICS seeking accreditation

ABICS – the Asbestos Building Inspectors Certification Scheme – is still seeking accreditation from UKAS (the United Kingdom Acccreditation Service). The scheme registers individual surveyors and building inspectors, and certifies that they have the qualifications and knowledge that they need to carry out asbestos surveys.

For duty holders to have a plan to manage the asbestos, they will almost certainly need to know where the asbestos is, and for this they will usually need skilled help. The alternative is to assume that any material which might contain asbestos does in fact do so, and this may be more expensive in the long run than having a real survey.

ABICS was the first scheme to certify individual surveyors, as opposed to organisations, and this will provide a more economical route to this sort of approval for sole traders and small companies. It has been set up by BOHS (British Occupational Hygiene Society) and is run independently of the training and other operations of BOHS.

Professional indemnity and other insurance packages, covering Type 1, 2 and 3 surveys, will be available to ABICS registered surveyors.

HSE have posted an asbestos website.

The full text of the Control of Asbestos Regulations 2006, SI 2006/2739, can be viewed here.