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Posted By Mick@agp
Regulation 4 of the Control of Asbestos at Work Regulations 2002 requires a landlord of non domestic premises to identify the presence of asbestos, record this and identify the risks from the presence of asbestos at that location.
The 1987 Control of Asbestos Regulations effectively imposes a similar duty in respect of domestic premises. All owners of property (domestic and commercial) have a duty of care imposed on them to take all reasonable steps to protect the health and safety of people who work for them, including contractors.
Does this means that landlords will need to know where asbestos is located in any of their properties so they can advise potentialcontractors of this, even it the property is classified as a domestic premise??
Any comments will be greatly appreciated.
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Posted By Safetynut Those who have control responsible for the maintenance of non-domestic and in some cases domestic properties would be classed as the duty holder under asbestos regulations, since called Control of Asbestos Regulations 2006 - i.e landlords. if you visit www.centralsafetyconsultancy.co.uk you should find a clearer explanation on the "the duty to manage" position. i hope this helps
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Posted By JonCMIOSH
Hi Mick
Dave Wilson will give good info when he sees this thread, but meantime... Yep, that's the case. Defective homes and duty of care regs etc (even HASWA) have alluded to this for years. Now its really in place.
New Regs - CAR2006 wef 13/11/06, drops 'at work' from the title.
Reg 4 is same duty to manage, kept same in 2006 regs verbatim.
Reg 5 of new 2006 regs is the good one. The Employer needs a risk assessment of existence of asy (and even the type of asy!) his staff may be exposed to in any workplace.
Therefore, if you are an employer of staff who go to a landlord's premises to work you need to comply with reg5 - therefore employer must ask the question of the landlord before agreeing to work at the landlord's premises.
This Reg5 then double whammies back on you as landlord. If I, as landlord, am employing competent contractors they must surely ask where the asy is in my premises. If I can't tell them they will surely build cost of at least a Type 2 survey into their quote. If I 'blind eye' it people will join the 10,000 scheduled to die in 2010 from asy related diseases.
Therefore I must know where 'my' asy is to manage my business.
If your contracted maintenance company doesn't ask you where your asy is, should you really employ them?
Its a toughie, but thankfully in my opinion it has finally (nearly) been spelt out to everybody.
By the way I am a landlord as well.
Good luck mate
Jon
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Posted By Adrian Watson
Surveys are NOT required of domestic properties. The duty to manage asbestos in CAR 2006 has not changed and is the same as before. The overriding duty in CAR 2006 is to prevent exposure.
The duty in the 74 act is imposed on persons in control of non-domestic premises used as a place of work (S4 HSWA74). The duty to manage asbestos is on the duty holder of non-domestic parts of properties.
In domestic buildings this is best served by identifying classes of properties with a high risk of asbestos, planning works, ensuring contractors and staff are trained, and supervising workers to ensure they work safely. You should also put in place procedures in case they find, disturb or damage asbestos.
Regards Adrian Watson
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Posted By Bob Youel
Irrespective of the asbestos regs there ARE regs specifically geared for/towards landlords - I know as I am one - which state that landlords DO have duties and liabilities
Its interesting that most landlords know all about the money making laws etc e.g. how to get as much rent as poss whilst doing as little as poss but know little about welfare etc law
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Posted By Dave Wilson
Landlord may not have the Reg 4 duties but the contractor almost certainly have duties under Reg 5 not to expose his employees to asbestos unless he as found out or if in doubt has to assume that it the worst type & as such follow the CAR 06
So he may have to undertake a sampling regime in the area where he is going to work not necessarily a full survey!
Will this happen? You avin a bubble! So more people get exposed!! not to mention the asbestos debris left behind in the kids bedroom.
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Posted By Adrian Watson
Dave,
With all respect - the presumption is that materials are ASBESTOS - if the worker can't id it as NOT being asbestos he don't work with it. Therefore, no need to sample!
Regards Adrian
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Posted By Dave Wilson
I agree Adrian you would only need to do this if it is likely to be asbestos there may be situations where it is not likely or so obvious then this will not apply.
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Posted By Sally Bell
As a non-H & S specialist but with responsiblity for tenanted domestic accommodation (sheltered housing), I have initiated the following policy:
We have undertaken surveys of all the flats, and identified asbestos areas (or those that we can't rule out as not having asbestos).
We have a programme of removing asbestos from each property when voided (obviously using appropriate contractors), and all contractors working in the premises are required to view the asbestos log and complete a permit to work.
The above also applies to contractors directly employed by residents (they have to seek permission to undertake works).
I am still unsure as to whether we are legally required to carry out the above but it seems to be good practice!
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