New regulations due out around the middle of this month will impose new duties on employers for controlling asbestos on their premises. Any company that fails to comply with the new requirements could risk an unlimited fine in the Crown Court.

The Control of Asbestos at Work Regulations 2002 are the result of an extensive consultation exercise, which will consolidate the Control of Asbestos at Work Regulations 1987 and introduce important new provisions. The most significant of these is a duty on every employer to assess whether asbestos is, or is likely to be, present in places of employment.

The results of the original assessment and each subsequent review of it must be recorded. Where the assessment shows that asbestos is, or is likely to be, present an employer must:

  • determine the possible risk;
  • prepare a written plan identifying exactly where the asbestos is located at the premises; and
  • specify the measures to be taken to manage the risk.

Required measures include monitoring the condition of asbestos or any substance containing or suspected of containing asbestos and ensuring that:

  • it is properly maintained or safely removed;
  • information about the location and condition of asbestos (or any such substance) is provided to every person likely to disturb it; and
  • this information is also made available to the emergency services.

There is also a duty to review and revise the written plan at regular intervals. It should be revised immediately if there is reason to suspect that it is no longer valid, or if there has been a significant change in the premises to which the plan relates.

Failure to comply with any of these requirements is a criminal offence, risking a maximum £5000 fine in the Magistrates’ Court or an unlimited fine in the Crown Court. Although the Regulations will provide for a lead in time for compliance, companies need to act promptly.

Join us for a seminar

We will be holding seminars in Birmingham, Leeds, London and Manchester on the new Regulations early in 2003, when there has been an opportunity to reflect on the requirements of the Regulations and how they might impact on business. If you would like to attend please e-mail joy.middleton@pinsents.com.

This article is not intended to be a definitive analysis of legislative or other changes and professional advice should be taken before any course of action is pursued.