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Domestic or non domestic - that is the question
Rank: Forum user
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We work within tenants homes and have an asbestos register and robust procedures for all of our works.
Following a convesation with a contractorI have been looking this morning on the HSE website which stated homes are classed as domestic - obviously. But does this definition alter when a workman arrives to work in the home making the premises non-domestic, and therefore liable for all that brings?
Therefore can anyone point to a clear definition of when or if a home becomes non-domestic?
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Rank: Super forum user
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I suspect it depends on the context of the liability. Asbestos Regs only cover no-domestic properties except for certain caveats, such as, communal areas. However, other regulations will apply or even overlap the Asbestos Regs do not apply.
Domestic work per se is a bit of a contradiction to be honest. For example, domestic work pursuant to CDM Regs is quantified by a commercial interest - it then becomes CDM applicable.
Hopes this makes sense.
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Rank: Super forum user
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tigers
The recently published ACOP that supports the CAW Regulations 2012 indicates no duty to manage within these homes. Duty to manage in common parts parallelling HSWA Section 4 duties (Select Management v Westminster City Council).
Obvous other parts of the asbestos regs apply to your operations.
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Rank: Forum user
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Thanks both for the info
So to clarify -
1. Does this mean that workers and residents are or are not protected under CAR for work being done in a residents house but are protected by CDM and the owner could be charged under HaSaW '74 as there is a commercial interest, i.e. a rent being charged.
2. But communal areas ie corridors and lift shafts etc. in communal housing is included in CAR and therefore these groups are protected in these areas by these regs as well as CDM, again the owner could be charged under S.4 following the stated case for breaches.
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Rank: Super forum user
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Yes and No.
All parts of CAR will apply to work in a home with the exception of the "duty to manage" - protecting workers and public - if work does not disturb ACMs that have not been recorded in an asbestos register (by whatever name).
CDM (designer and) contractor duties will apply.
HSWA Sections 2 and 3 duties will apply within the home, Sections 2-4 in common parts.
Some solicitors think that those buying homes will soon start asking for asbestos registers, despite the absence of a duty to manage. On the basis of thread about nanotechnology, may be in 10 years time they'll also being asking for a nano register?
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Rank: Super forum user
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Heaven help us all if, by paying rent, (commercial interest?) a person were to become liable for every duty under HSAWA. Very far from what Robens had in mind . .
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Rank: Super forum user
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aud wrote:Heaven help us all if, by paying rent, (commercial interest?) a person were to become liable for every duty under HSAWA. Very far from what Robens had in mind . .
With respect, I think you have misinterpreted comments. Commercial interest is only in context of CDM Regs. HSWA duties only apply to the employer except where specified e.g. S7, etc.
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Rank: Forum user
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The Defective Premises Act also applies in these instances if you are the Landlord.
DNW
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Domestic or non domestic - that is the question
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