Rank: New forum user
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I am looking for guidance on what information should or needs to be giving to a tenant of a Local Authority housing complex following the discovery of suspected asbestos containing materials (ACMs)
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Rank: Super forum user
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Have sent you something in a PM which may help.
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Rank: Forum user
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There is no legal duty to manage asbestos or provide information. However it is good practice to advise tenants of product types, locations and measures to prevent and control exposures to asbestos.
Regards
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Rank: New forum user
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Would it not be covered by section 3 of the Health and Safety at Work Act?
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Rank: Super forum user
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With respect, regulation (4) of CAW 2006 infers a duty on employers, subject to specific exemptions. Notwithstanding that, I agree s3(1) of HSWA also provides a duty not to expose others to risks to their health or safety from an undertaking.
(4) Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work activity carried out by the employer...
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Rank: New forum user
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There is no onus on an employer under Irish health and safety legislation particularly under the Control of Asbestos Regulations 2006 to notify tenants of the presence of asbestos containing materials (ACMs). It would though I suggest be best practice.
Regards
Mark
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Rank: New forum user
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The premises in question are a local authority complex and as such the Landlord or management agent for these premises would have some maintenance liabilities, whilst these duties were being conducted these premises would become a work place.
Schedule 2 part2(4)(9) states "The measures to be specified in the plan for managing the risk shall include adequate measures for—
(a) monitoring the condition of any asbestos or any substance containing or suspected of containing asbestos;
(b) ensuring any asbestos or any such substance is properly maintained or where necessary safely removed; and
(c) ensuring that information about the location and condition of any asbestos or any such substance is—
(i) provided to every person liable to disturb it, and
(ii) made available to the emergency services.
As tenants living in these properties may be liable to disturb these materials I believe as a landlord or management agent you would have a duty to provide this information
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