HSC proposes changes to the regulation of asbestos in buildings

The main legal requirements relating to the risks posed by the presence of asbestos in buildings are under the Control of Asbestos at Work Regulations 1987 ("1987 Regulations") as amended in 1992 and 1998. The Health and Safety Commission ("HSC") has recently identified a need for further amendments to the 1987 Regulations. These proposed changes are aimed at making clear the specific steps that must be taken in order to provide information about the presence of asbestos and the risks posed by it and ensuring that this information is kept up-to-date and given to the people who need it. The proposals were set out in a consultation paper issued last year. The most notable proposed changes were:

• an explicit duty to take all reasonable steps to locate asbestos-containing materials in premises (i.e. as a minimum undertaking a visual inspection and considering all available written information);
• an explicit duty to keep an up-to-date written record of the location of all asbestos (i.e. an asbestos register);
• an explicit duty to prepare and implement a written management plan to control the risks posed by such asbestos.

Following consideration of the responses to that consultation paper, the HSC has decided that in addition to the above changes some further changes are needed. Therefore, there is likely to be another consultation paper on this subject. We are informed by the HSC that the likely proposed further changes will be:

• Changes to the duty holder under the 1987 Regulations - at present the duty falls only on "employers". The HSC now considers this to be unworkable in many situations and is likely to propose that in most cases the obligations under the 1987 Regulations should fall on landlords/owners of the premises.
• Widening of the scope of the 1987 Regulations - at present the 1987 Regulations are limited to workplaces or non-domestic premises. However the HSC now intends to expand the scope beyond the workplace so that they cover rented housing.

The exact extent of the further proposed changes will become clearer when a further consultation paper is issued which is likely to be during March 2001. The amending Regulations are likely to be made before the end of the year. However, there will be a two year period before they come into force in order to give property owners the time to undertake work that will be necessary to comply with them.

Comment

These further proposed changes are likely to have serious implications for property owners. Those with an interest may want to take part in the consultation process. Another LawNow e-mail will be sent when the further consultation paper is issued.

For further information please contact Mark Tyler by e-mail at [email protected] or by telephone on +44 (0)20 7367 2568 or David Short by e-mail at [email protected] or by telephone on +44 (0)20 7367 2535.