How does the Control of Asbestos Regulations 2012 affect you?

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In this post, we’ll look at the Control of Asbestos Regulations 2012 and how they affect employers and employees.

What are the Control of Asbestos Regulations 2012?

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

Who do the Control of Asbestos Regulations 2012 apply to?

Employers and employees working in any asbestos-related situations are affected by CAR12 regulations. The regulations place responsibilities upon employers, employees and duty holders. The duty holder could be your employer, another employer, landlord or – in some situations – a combination of these.

Employee duties

Under CAR12 regulations, employees have specific duties to:

  • Correctly follow employer’s instructions and use personal protective gear and other provided equipment.
  • Follow company procedures with regards to incidents and decontamination (not to take home any contaminated personal protective equipment (PPE), work clothes or any other equipment.
  • Report any incident to the correct authorities.

Employer duties

Under CAR12 regulations, employers have specific duties to:

  • Issue the correct personal protective equipment (PPE) when it is required.
  • Protect employees from asbestos exposure.
  • Provide company procedures for employees to follow for incidents and decontamination.

Which are the most important regulations of CAR12?

Whilst you already know the most important duties required of employees and employers, it’s worth taking a deeper look at some of the key regulation updates.

Regulation 4 of CAR12 – responsibility of asbestos management

Regulation 4 of CAR12 refers to the duty necessary to manage asbestos in non-domestic premises. The person in charge of the building (the duty holder) has a responsibility to identify, locate and manage asbestos in any non-domestic building built after 1999. Privately-owned domestic properties such as houses are specifically excluded from these regulations.

Common areas of domestic buildings such as flats and domestic buildings owned by councils and housing associations are covered by the law, and should be surveyed and managed for asbestos.

The duty to manage

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

  • The person in charge of the building (the duty holder) must locate and manage the Asbestos in any non domestic building built before 2000.
  • A survey must be done to locate and identify asbestos materials. 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 asbestos identification. It stipulates that:

  • Employers must not undertake any work liable to expose their employees to asbestos in premises.
  • Employers must carry out an assessment as to whether asbestos is present and decide if existing information is reliable, if surveys are 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 may expose employees to asbestos, and maintains:

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

Regulation 10 of CAR12 – asbestos training

Regulation 10 refers to information, instruction and asbestos 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.

Do you need asbestos training?

According to the HSE, the changes defined and updated by 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. This includes not only tradespeople like builders and plumbers, but also teachers and other professionals who work in buildings which may still house asbestos.

For anyone in the construction industry, whilst the regulations themselves may make for slightly dry reading, it is essential that you have an understanding of your responsibilities under them.

At Bainbridge E-Learning, our asbestos awareness course follows the most recent developments in asbestos detecting technologies and legal processes to protect you and your employees from asbestos dangers.

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