Do the Control of Asbestos Regulations 2012 Affect My Business?

Asbestos awareness is vital.  According to the Health and Safety Executive (HSE), asbestos kills around 5000 workers each year – more than the number of people killed on roads.  When employers fail to comply with the Control of Asbestos Regulations 2012 it can be life-threatening, resulting in prosecution and potentially catastrophic fines.

Why is asbestos dangerous?

If materials containing asbestos are disturbed, then toxic fibres are released into the air.  These fibres don’t have an immediate affect but can cause fatal conditions like asbestosis, which is a lung disease, and asbestos-related lung cancers.  These diseases are not often diagnosed until it’s too late.  Protect yourself and your workers by building asbestos awareness.  You don’t necessarily need to remove asbestos.  You do, however, need to identify and manage asbestos so that it never presents a health hazard.

Am I responsible for the asbestos in my building?

Under the regulations, if you own your premises, then you are responsible.  If you are a tenant, then you might still be accountable.  Under your tenancy agreement, if you are responsible for alterations, repairs and maintenance then you are also responsible for asbestos control.  If you share maintenance duties with the owner or other occupiers of the building, then you are jointly accountable.

What happens if my employees encounter asbestos while working on or off site?

Employees need to be made aware that they should stop work immediately if they suspect asbestos is present.  Asbestos work can only be carried out by a non-licensed contractor where appropriate information, instruction and training have been given.  Under the Control of Asbestos Regulations 2012 the majority of employers working with asbestos need a license.  Employers have a legal duty to provide instruction and training to employees who are likely to come across asbestos.

What happens when the Control of Asbestos Regulations 2012 are breached?

In August this year a Wigan building contractor was fined nearly £8,000 for breaching regulations.  His work resulted in asbestos contamination of somebody’s home.  The owners couldn’t enter their house for a week while a £12,000 clean-up operation was carried out.  HSE Inspector David Norton said: ‘This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices. Companies and individuals should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards’.

Understand your legal duties by reading the regulations on the HSE website.

How do I detect asbestos?

Asbestos can be found in any building built before 2000.  If in doubt, always assume the building contains asbestos.  The HSE website contains several images to help you to detect the substance.  However, it’s difficult to identify because it’s often mixed in with other materials.  You can pay an external asbestos licensed contractor to carry out a search.

How can I raise my employees’ awareness about working safely with asbestos?

NDC Global Auditors offers a half-day Asbestos Awareness course which will help you and your employees to detect asbestos, stay safe and stay legal.  Our course can be delivered on-site to your team, or your employees can attend an open access course at our Wiltshire or Surrey-based training centres.

Benefits of NDC’s Asbestos Awareness course:

As well as learning the dangers of asbestos, you will discover how to identify the different types and locations of asbestos in the workplace and on customers’ sites.  The course thoroughly covers:

  • The types of materials that can contain asbestos
  • The legal duty to manage asbestos
  • Safe work practices
  • Control limits
  • Accidental release and decontamination procedures
  • The uses and limitations of respiratory protective equipment and personal protection equipment

Why is asbestos awareness training essential?

To avoid disturbing asbestos, you must be able to spot it.  Well-informed employers understand how to reduce or eliminate the risks to their employees’ health and to stay inside the law.  Employees who are asbestos aware will be able to assess the risks on an ongoing basis, knowing when to protect themselves and how they would deal with contamination.

For further information on our Asbestos Awareness Course, visit our website or get in touch to book your place.

Working at Heights — Is Your Business Legally Compliant?

Are you an employer, facilities manager or building owner who employs or contracts people to work at height?  If so, The Work at Height Regulations 2005 apply to you.  It’s your responsibility to make sure work is properly planned, supervised and carried out by competent people to minimise the risk of personal injury. 

What happens if you fail to comply with regulations?

Failure to comply can result in fatal injuries as well as a crippling fine and complete loss of reputation.

A London building services company has just been fined more than £96,000 after a worker fell three meters through an opening in a flat roof.  He suffered four fractured vertebrae, a fractured rib and a scalp wound.  The Health and Safety Executive (HSE) found the company had failed to take measures to prevent the accident and had failed to properly plan the project.  HSE Inspector Owen Rowley said:  ‘It is vitally important that those in control of work at height implement suitable and sufficient measures to prevent falls. The simple step of installing edge protection around the opening could have prevented this incident from occurring.’

What is ‘working at height’?

Working at height is when employees or contractors could fall from:

  • one level to a lower level (excluding a fall from a permanent staircase)
  • an edge
  • ground level into an opening in the ground

How can you make sure you comply with the Work at Height Regulations 2005?

The Work at Height Regulations 2005 state that ‘you must do all that is reasonably practicable to prevent anyone falling’ and ‘avoid work at height’ where you can.  Under the Regulations it’s statutory for employers to ensure that:

  • work at height is properly planned and organised
  • workers are competent and trained
  • a full risk assessment has been undertaken and appropriate measures taken
  • the risks of working on or near fragile surfaces are properly managed
  • equipment is regularly inspected and maintained
  • the risks from falling objects are properly controlled
  • account has been taken of weather conditions that could endanger health and safety.

How can NDC help you to meet your legal obligations?

Consultancy

Our experienced, fully-qualified OHSAS18001 Lead Auditors can highlight areas of non-compliance, providing you with the steps necessary to meet the Work at Height Regulations 2005.  We can provide a gap analysis of your full health and safety management system, or simply focus on helping you to develop Work at Height policies, procedures and manuals.

HSE Manager

Download our HSE Manager health and safety management tool on Google Play and App Store for instant access to:

  • Assistance with completion of risk assessments
  • Help with creation of safe systems of work (SSOW)
  • Health and safety audits and legal compliance
  • Top level documentation review, including health and safety policy, manual and procedures.
  • On-site and remote technical support, consultancy advice and training.

Risk assessment

We can support you by conducting your on-site assessments for you or training you to become competent and confident Work at Height risk assessors.

Training

One requirement of the Work at Height Regulations 2005 is to provide employees with information and training. NDC offers courses that will raise the awareness and competence of your workforce:

Work at Height Course

A half-day course which gives delegates a thorough understanding of the Work at Height Regulations 2005 and the Work at Height (Amendment) Regulations 2007.

Task-based Risk Assessment (IOSH approved)

A 4-day course providing the knowledge and skills to meet all your risk assessment responsibilities in relation to general, CoSHH, DSE, manual handling and work at height. We can deliver individual components of this course on request.

According to the HSE, last year falls from a height accounted for a quarter of fatal workplace injuries. The best way for your business to minimise risk is by being compliant with legislation. NDC provides you with the reassurance that you are meeting the Work at Height Regulations for the benefit of your employees and your business.

Contact us to see how we can help your business.