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Posted By Danny O'Donnell
I work in the Estates Department of a MOD facility, which is split between two large self-contained sites. The estate contains over 500 buildings in total, most of which have pre-1985 construction dates.
As part of a recent review of my job profile, I have been asked to take ‘ownership’ of the Asbestos Management Plan and associated processes. The Dutyholder is named in the Asbestos Management Plan and, up until now, the Dutyholder’s name was also attached to this documentation. Unfortunately, individuals nominated to as Dutyholders since the introduction of Regulation 4 of CAWR have all been on lucrative short-term contracts and the present incumbent is due to leave in the New Year, to be replaced, I would imagine, by another manager on a temporary contract.
Whilst I am happy to contribute to the ongoing management of asbestos, I have some reservations about meeting my employers’ request.
Are there potential liability issues involved here?
Regards,
Danny
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Posted By JPK
Hi Danny,
I am not too sure what you mean by 'ownership'?
As with any Asbestos management plan the review of ALL suspected & identified ACM's will entirely depend on the surface treatment of the material along with likelyhood of disturbance!
Are you trained sufficiently to carry out these checks to MDHS 100 standard?
If your employer only has one person qualified to do this, it may be an idea to suggest to them that it is time to train someone else, in the case that the duty holder is unavailable in an emergency or the case of damage to an ACM.
I would be dubious to take any responsiblity for Hazardous substances management without any training!
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Posted By Ken Dickson
Danny,
Please don’t take this response as gospel, but consider it and investigate further yourself.
Regulation 4 of the Control of Asbestos Regulation 2006 define the dutyholder in such a way that it would make it difficult to assign the responsibility for 500 buildings to a particular individual. It is clear that the duty is shared among those with responsibility to repair and maintain the buildings. I believe this is a change from the 2002 regs.
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Posted By Booney
Danny,
you have mail...
Regards
Booney
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Posted By Danny O'Donnell
Ken,
Responsibility for repair and maintenance lies with the estates department, a mix of architects, other project staff and myself. Routine maintenance work would normally be organised through a DEL workforce and larger projects using external contractors.
We have had Type 2 surveys carried out, put together a register, provided asbestos management training to all line managers, supervisors and maintenance staff and generally meet the requirements of the Regs as far as possible.
However, I am probably the only person on site who has had asbestos training to BOHS 405 and 402 proficiency level and, for that reason, I appear to be the obvious choice when it comes to delegating responsibility for the Asbestos Management Plan and reviewing process maps, etc.
I have read Regulation 4(2) and the relevant paragraphs of the new ACOP and Guidance pertaining to delegation of duties.
I do not have any problem with contributing to the writing of policy, plans and other documents or with regards the issuing of instructions and information. I do, however, have concerns about having my name highlighted as owner of the Plan and associated documents, particularly if a serious exposure to asbestos fibres occurs as a result of non-compliance in any part of the estate.
Regards,
Danny
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Posted By Adrian Watson
The duty holder is a "legal" person and not necessarily a real person. You do not acquire personal liability unless you, by your act, default or sufferance cause an offense.
The definition of a duty holder in both regulations remain the same.
Reg 4 of CAWR 2002 states:
4. - (1) In this regulation "the dutyholder" means -
(a) 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 thereto or egress therefrom; or
(b) in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom,
and where there is more than one dutyholder, 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.
Reg 4 of CAWR 2006 states:
4. —(1) In this regulation "the dutyholder" means—
(a) 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 thereto or egress therefrom; or
(b) in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom,
and where there is more than one such dutyholder, 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.
Regards Adrian Watson
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Posted By Danny O'Donnell
Adrian, Ken,
Thank you both for your replies to my query. I feel a bit more reassured now. I'll just have to make certain that all these temporary staff are made fully aware of their responsibilities and that the name of the Dutyholder is updated on a regular basis.
Regards,
Danny
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