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Asbestos Management Update

05 August 2010

The HSE are now directing their attention at legal ‘Dutyholders’; Maintenance Contractors; Premises Owners and Facilities Managers, following huge success with the HSE’s ‘Hidden Killer’ Campaign aimed directly at ‘Contractors’ for Asbestos Awareness Training ………………

Over the next 3 months the HSE will be launching Phase 4 of their asbestos campaign which includes  articles; leaflets; information and media broadcasts directed at legal ‘Dutyholders’; Maintenance Contractors; Premises Owners and Facilities Managers,  to assess what is being done to ensure your legal requirements to ‘manage’ the risks associated with asbestos on your premises are fulfilled.
“Managing the risk means making sure that as far as reasonably practicable, no-one can come to any harm from asbestos on the premises”  -  Approved Code of Practice L127 4(8) & (9)
A legal ‘Dutyholder’ means… “every person who has, by virtue of a contract or tenancy, an obligation of any extent, in relation to the Maintenance & Repair of non-domestic premises, or any means of access thereto or egress therefrom”  -  Control of Asbestos Regulations 2006 Regulation 4 (1a)
? Phases 1-3 were aimed directly at tradesmen or contractors and was a huge success in raising the legal requirement for Asbestos Awareness Training, in order to protect themselves against the risk of exposure to asbestos and prevent the spread of asbestos fibres in your buildings.
? Now the HSE want to see what the ‘Dutyholders’ are doing to help enforce the legal asbestos requirements, in accordance with all 37 regulations of the Control of Asbestos Regulations 2006.

? The HSE intends to proactively enforce the current legal requirement for legal Dutyholders to ‘manage’ asbestos correctly, as well as ensuring Premises Owners and Facilities Managers are fully implementing the correct level of asbestos inspections before any refurbishment or demolition project, as well as ensuring that all contractor operatives have Asbestos Awareness Training before coming onto site.

? The HSE will shortly be conducting on site assessments of your current Asbestos Management Systems; procedures and processes that have been implemented, to ensure all risks associated with asbestos are accurately ‘managed’.
? HSE visits will include on site audits; assessments of current Asbestos Management Procedures; assessment of current Asbestos Register; how the information is cascaded to everyone, how accessible the information is etc etc.

? As the legal requirement for Asbestos Inspections have been enforced since 2002; re-enforced in 2006, then significantly updated in the new HSG264 – The Survey Guide on 29th January 2010, the HSE do not take non-compliance very sympathetically.
? In addition, breach of the current regulations can lead to criminal prosecution; financial penalties and even imprisonment. If a fatality occurs due to the malpractice of ‘Dutyholder’ responsibilities ,you can also now be prosecuted under the Corporate Manslaughter & Homicide Regulations 2008 !
? The HSE prosecutes organisations and provides a ‘name and shame’ bulleting once conviction has been confirmed, causing huge marketing restrictions in the future.
? Company Insurance generally rises significantly or will not be renewed, ending in the collapse of many organisations in the last 3 years.

? Effective Asbestos Management can be achieved very easily and can merge into your current procedures with minimal disruption, it all depends on your individual circumstances as Asbestos Management Systems should be specifically designed to accommodate the clients needs.
? Typical Items that the HSE will be assessing you on will be :-

1. Is there a Type 2 Asbestos Management Survey Report for the Premises ?
2. Is the Type 2 Survey Report compliant to current legal requirements ?
3. Have all ACMs been re-inspected within the last 12 months ?
4. Is there an up to date Asbestos Register for all known ACMs ?
5. Are there up to date floor plans available displaying precise locations of all known ACMs ?
6. Is there an Asbestos Management Plan for the premises to deal with any ACMs ?
7. Is there an effective and robust Communications Policy cascading ACM information & Updates ?
8. Can all ACM information be retrieved and understood quickly; easily and precisely ?
9. Are systems in place to ensure Type 3 Refurbishment & Demolition Inspections are being conducted ?
10. Are all contractors and employees Asbestos Awareness Trained within the last 12 months ?
11. Are procedures in place to prevent accidental disturbance of ACMs on your premises ?
12. Is there an Asbestos Management Policy for your organisation ?

? KAD Environmental Consultancy Ltd specialise in ‘managing’ all asbestos risks on behalf of our clients taking all the time and hassle out of your hands.
? KAD have designed and created a quick reference Asbestos Management System to ensure all of your asbestos liabilities are protected without taking up hours of your time.
? Our specialist team will assess your current Asbestos Management status in complete confidence, then advise you on the most cost effective and suitable strategy to manage all ACMs on your premises.
? Our objective is to focus on you, the client, and ensure that your best interests are protected at all times, this includes proactive management meetings and implementation of very simply systems to immediately reduce your risks from asbestos exposure.

? Whatever happens one thing we can be sure of is that the Asbestos Regulations; controls and enforcement is only going to get tighter, particularly with the number of asbestos related deaths still rising each year.
? The HSE will be assessing organisations of various sizes over the next 3 years, and will no doubt successfully prosecute many reputable companies for putting employees or contractors at risk.
? Such prosecutions will significantly affect your marketing ability and reduce your professional reputation.
? If employees are exposed in any way then compensation claims will certainly be a thing of the future to be cautious of, as claims will dramatically affect your company insurance premiums (and nobody likes that !)

? Employees/contractors being  exposed to asbestos; HSE prosecution and potential compensation claims can all be VERY easily prevented, by having a simple but effective ‘Asbestos Management System’ in place and implemented throughout your organisation.
? Contact KAD on the numbers provided below and we will arrange a free consultation assessment.
? KADs ‘Asbestos Management Systems’ are designed to encapsulate all current legal requirements and best practice procedures, whilst ensuring simplicity and speed for ACM assessments. Our ‘Asbestos Management Systems’ are designed to be handed to all contractors and visitors to read so that THEY can assess the ACMs risks whilst you get on with your daily duties.
? KADs ‘Asbestos Management Systems’ allows you to accurately and correctly assess all known ACMs, as well as manage all works involving asbestos. The system has been easily accepted into many different business sectors and has received nothing but success in every environment.

KAD have identified that the biggest cause of breaching current Regulations, Is the lack of knowledge on what is actually required for Asbestos Management in the eyes of the law. Find out exactly what your current Asbestos Management status is with KAD’s :-

For further details, information or just some down to earth, realistic, honest advice from friendly and helpful people, please contact :-

Kevin Graham of KAD Environmental Consultancy Ltd
01702 308438 or

Don’t wait until it’s too late !!!

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