Within non-domestic properties, certain people must manage and monitor asbestos within the property. They do this so that those who are on the premises are protected and are kept safe from the possible side effects that can be caused by asbestos.
These duties are outlined in the Control of Asbestos Regulations and are as follows:
By following these duties, everyone on the premises should be kept as safe as possible from the risks that are associated with asbestos.
There are four main pieces of legislation that control those who work with or who are possibly going to be exposed to asbestos.
These are:
These are all combined into the Control of Asbestos Regulations 2006
Regulation 5 is the Regulation that relates to the identification of the presence of asbestos. Within this Regulation, there is a specific level of duty that is placed on employees when it comes to working with possible asbestos, which can then be confirmed with proper identification.
This Regulation particularly relates to those who work within construction, demolition, maintenance and allied trades.
Another key part of the Regulation is that asbestos surveys need to be carried out should there be existing information that relates to the presence of asbestos. This should be adhered to if the information is not complete, if it is not up to date or if it is thought that the information is not reliable.
Regulation 7 details that an employer must not carry out any work with asbestos without proper plans being put in place. They need to have a suitably comprehensive written plan that will detail how the work is going to be carried out.
This should be written with the focus that it is going to offer adequate protection against the possible negative effects that asbestos can cause those who come into contact with the fibres.
Regulations are created to ensure that those who are going to come into contact with asbestos (or something that could cause them harm) are best protected against these ill effects. They outline who is responsible for taking charge of this and also how they need to go about this.
There are two key parts to the development and enforcement of Regulations.
The process for creating a Regulation is comprehensive and detailed. It often starts by creating and establishing standards. These standards will form a key part of the Regulations and will outline what the Regulations need to include.
The standards aim to provide the technical details and the best practices that can then be put in place to protect those who are most at risk.
Those who create standards (and Regulations) are experts in that particular field and can provide the right level of technical advice to ensure that asbestos risks are reduced as much as possible.
When a Regulation has been created, the next step is to ensure that it is enforced. Enforcement is when the Regulation is put in place and those to whom it applies have to follow what they state.
The approach that enforcement will take depends on the nature of the Regulations and the legal implications of not following the Regulations. However, its enforcement will be the responsibility of the regulatory body.
To make sure that those who deal with asbestos are doing so in a responsible way, those contractors and workers need to be licensed and certified.
Being certified offers peace of mind that the service that you offer is going to be of the best quality possible. Being licensed means that you are confirmed to be able to provide a particular service and that this service has been checked and approved.
Both of these things apply to working with asbestos and are something that a regulatory body needs to take charge of.
Not everyone who may work with asbestos is going to be directly employed by a business. There is also a chance that they may be working on a contract basis. They are contractors.
Whilst contractors are not directly employed, they still need to ensure that they follow the same rules and regulations that those who are directly employed do. As well as this they should also be licensed and approved to work with asbestos and can do so in the right way.
Those who work with asbestos must be certified to carry out this particular form of work. This is because it ensures that they are aware of the rules that apply to them and their work and that they follow them fully.
Another important part of asbestos safety is to make sure that those who work with asbestos are continuing to follow the Regulations that are set out. This can be done with both monitoring and inspections. Both of which are responsibilities of regulatory agencies.
Inspections are there to ensure that a job is being completed. Those who are working in a certain area are doing what is expected of them and what is outlined in their particular guidance and Regulations.
This is also true for those who work with asbestos, who will be required to follow certain rules to keep themselves and those around them safe. One way that it can be checked that this happens, is with regular inspections.
During inspections, it is hoped that those who are working with asbestos are following the rules that are outlined in the Regulations. However, there are times when it is found that this is not the case. In these circumstances, there will be a need to enforce compliance.
Those who are not working within the Regulations will need to be reminded of what is expected of them and will be required to make changes that will then result in them being fully compliant.
Whilst the majority of the knowledge that is needed on asbestos safety will relate to those who work with asbestos regularly; this doesn’t mean that the public cannot benefit from his knowledge too.
Another key part of being a regulatory body that relates to asbestos is to ensure that there is a certain level of public awareness and education.
Public outreach is when the public is encouraged to engage with a particular topic, in this case, it is asbestos safety. If the general public is made aware of the importance of being aware of asbestos (and how to keep yourself safe) as well as the harm that it can cause, then they are going to be alert and aware of what they should be looking out for.
They may never come across asbestos in their lifetime, but, should this happen, then they are going to be able to deal with it in the right way.
Regulatory bodies have a responsibility to disseminate any of the relevant information to as wide an audience as is needed. There are a variety of ways that this can happen and the way that this information is shared should match with the audience that it is intended for, this will give a maximum impact.
For those who are working with asbestos to work in a safe way, they are going to need to be provided with the right level of guidance and technical support. This will then, in turn, give them the tools and knowledge that they are going to need.
Even someone fully qualified can, from time to time, find it difficult to know the best course of action to take. This is where a regulatory body can help; they can be on hand to provide technical assistance and advice when it is needed.
Another important aspect of following Regulations is to share best practices. There is always a chance that someone will find a better way to do things and if they do, this should then be shared with others to help them in their everyday work.
We all hope that an emergency won’t ever happen to us, however, despite our best efforts, there are times when things can and do go wrong. As far as asbestos is concerned, this can be an emergency and will need action to be taken.
A regulatory body will be there to advise on what should happen in the case of an emergency. They will be aware of the right processes and protocols that need to be followed and be able to pass this information on to you, and to those who need it.
If there has been a regulatory oversight, then there is a chance that you may need to take action. A regulatory body is going to know the Regulation and therefore they can advise them to take the right course of action to rectify this issue.
As asbestos impacts the air around us, it makes sense that one of the best ways to make sure that this is not the case is to monitor the quality of the air. This is something that those who are within the premises are going to need to take charge of, however, they can gain advice from a regulatory body on what to do.
The regulatory body is going to be best placed to recommend a monitoring programme that is going to work for you. They may know which are showing the best quality of results and be able to tell you where is best to get these programmes from.
Another thing that a regulatory body can do when it comes to air quality monitoring, is provide data analysis on the air quality readings that you are receiving. They are going to be able to ascertain whether or not there are any issues with the data that is being recorded and suggest steps that can be taken to change this around.
Much like many things, what we know about asbestos and how we handle it is changing. Things are improving and new measures and steps are always being taken. A regulatory body is going to need to be on top of this.
A regulatory body will need to be able to conduct research on asbestos and find out as much information as possible that relates to it. They will then be able to put this research into practice and make sure that any new findings are reflected in the Regulations that are provided to those who work with asbestos.
A risk assessment can help to make sure that any possible risks are identified and that measures are put into place that can reduce the impact that they may have. These will need to be thorough and something that a regulatory body can oversee to ensure that they are completed correctly.
Another important part of asbestos safety is making sure that accurate records are kept and maintained. This is the responsibility of the business owner or the manager of the premises, however, it is something that the regulatory body should oversee.
Records need to be maintained to reflect that the asbestos materials in a building have been checked to make sure that they are not damaged and therefore are not posing a risk to those in the building.
This will help those who are responsible for checking the asbestos to check that the dates are right.
Should anything go wrong or a potential risk or issue be found when it comes to asbestos, then steps need to be taken to report this. That way, others can be aware of the problem and advise on what the next right steps are going to be.
Other agencies are going to need to be aware and involved when it comes to asbestos safety. It is down to the regulatory body to make sure that they coordinate with those other agencies and work together to reach the best outcome.
It is not always easy to work with other agencies, however, this is something that needs to happen to keep everyone safe. Collaboration is key and there needs to be a viewpoint that every agency has something to bring to their interactions.
Every agency that comes together has something that they can share, information and knowledge that others may not know. This means that a very important part of the asbestos safety process is to ensure that any regulatory body and other agency that they work with shares information.
Regulations are fit for purpose when they are created, however, over time, just like many things, changes may happen. This means that the regulatory body may need to review and then update those Regulations.
A regulatory review is something that a body needs to ensure that they do. This should be at a regular and set interval, however, there is a chance that they may need to review an occurrence or a change in what is known about asbestos.
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