With the news this week that a national retailer has been fined £1m for failing to protect customers, staff and workers from potential exposure to asbestos during the refurbishment of three of its stores, it is important for building occupier’s to be aware of their duty. The Control of Asbestos at Work Regulations 2002 introduced Regulation 4, a new duty to manage asbestos in premises.
Graeme Harper of Goadsby Building Consultancy comments ‘when undertaking any building work contractors must assess correctly the nature of a material before any work is carried out. Undertaking this assessment is intended to eliminate the risk of uncontrolled damage to asbestos containing materials’.
Owners, employers and managers of non-domestic properties must assess and have in place where relevant a managed asbestos survey, whether work on the premises is planned or not.
Ignoring or not following the regulations Health and Safety Executives Inspectors have the powers to issue prohibition notices closing areas or entire sites. Unlimited fines can be imposed on companies and individuals can be fined £20,000 and/or imprisoned for up to two years.