The Control of Asbestos Regulations 2012

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Our series of posts about Asbestos now covers the following areas:

In this post, we’ll look at the Control of Asbestos Regulations 2012.

The Control of Asbestos Regulations 2012

The Control of Asbestos Regulations 2012 (CAR12) are an update to previous asbestos regulations. The regulations were updated as a result of the European Commission’s view that the 2002 and 2006 regulations had not fully implemented the EU Directive on exposure to asbestos.

Who does the Control of Asbestos Regulations 2012 apply to?

The regulations apply to all works with asbestos and affect both employers and employees. Responsibilities are placed upon employers, employees and duty holders. The duty holder could be your employer, another employer or a landlord or, in some situations, more than one of these.

Employee duties

Under the regulations, employees have specific duties:

  • To follow  their employer’s instructions and use personal protective and other equipment provided correctly
  • To follow company procedures with regards to incidents and decontamination and not to take home any contaminated PPE, work clothes or other equipment
  • To report any incident

 Employer responsibilities

  • Employers have a specific duty to prevent employees being exposed to asbestos
  • To issue the correct personal protective equipment when it is required
  • To provide company procedures for employees to follow for incidents and decontamination

Regulation 4 of CAR12

Regulation 4 refers to the duty to manage asbestos in non-domestic premises. The person in charge of the building (the duty holder) has a responsibility to identify, locate and to manage the asbestos in any non-domestic building built after 1999.

Common areas of domestic buildings such as flats and those domestic buildings owned by councils and housing associations are covered by the law.

The duty to manage

  • The person in charge of the building (the duty holder) must locate and manage the Asbestos in any non domestic building built before 2000.
  • Common areas of domestic buildings such as flats and those domestic buildings owned by councils and housing associations are covered by the law.
  • To locate and identify Asbestos materials a survey must be done and from the survey the duty holder must implement a management plan and maintain an Asbestos register.
  • The duty holder must ensure that this information is available to those contracted to carry out works.

Regulation 5 of CAR12 – identifying asbestos

Regulation 5 covers the identification of the presence of asbestos. It stipulates that:

  • Employers must not undertake any work liable to expose their employees to asbestos in premises.
  • They must carry out an assessment as to whether asbestos is present and decide if existing information is reliable, are surveys of the correct type and sufficiently detailed for the type of work being done.

Regulation 6 of CAR12 – assessment of work

Regulation 6 concerns the assessment of work which exposes employees to asbestos. It states:

  • When planning work in premises, employers must make and record an assessment of the risks from asbestos
  • This risk assessment must be modified if there are changes in the work methods or in the conditions in the premises

Regulation 10 of CAR12 – asbestos training

Regulation 10 refers to information, instruction and training. Under the regulation:

  • Employers must ensure that adequate information, instruction and training is given to all their employees liable to be exposed to asbestos
  • Employers must review training needs any time the job changes or different work practices are introduced

Summary

According to the HSE, the changes within CAR12  are fairly limited. However, they make very clear that training is obligatory for anyone whose work is likely to expose them to asbestos fibres. Whilst the regulations themselves may make for slightly dry reading, it is essential that you have an understanding of your responsibilities under them. Our training course uses real-life photos and situations to clarify the regulations and help you understand your role.