The Control of Asbestos Regulations 2006, came into force on 13 November 2006 (Asbestos Regulations SI 2006/2739). These Regulations impose a duty to manage asbestos in non-domestic premises and bring together the three previous sets of Regulations covering the prohibition of asbestos, the control of asbestos at work and asbestos licensing.
Regulation 4 of the above covers the management of asbestos in non-domestic premises.
The duty to manage asbestos does not always fall upon the employer and in Regulation 4 the duty holder is the person(s) who has, by virtue of a contract or tenancy, an obligation for the maintenance or repair of the premises.

Unless the asbestos-containing material (ACM) is in poor condition and / or is disturbed and produces air-borne fibres, people will not be exposed to asbestos. Building and allied trade workers, if they unknowingly work on ACM’s, or work on asbestos without taking the correct precautions, are particularly at risk. Regulation 4 deals specifically with this duty. It requires the management of ACM’s in non-domestic premises so that no one comes to harm from the asbestos.

There are 3 types of survey:

Type 1: Location and assessment survey (presumptive survey)

The purpose of this survey is to locate, as far as reasonably practicable, the presence and extent of any suspect ACM’s in the building and assess their condition. This survey essentially defers the need to sample and analyse for asbestos (or the absence thereof) until a later date (e.g. prior to demolition or major refurbishment). The duty holder bears potential additional costs of management for some non-asbestos containing materials.

All areas should be assessed and inspected as far as reasonably practicable (e.g. above false ceilings and inside risers, service ducts, lift shafts, etc) or must be presumed to contain asbestos. Any material, which can reasonably be expected to contain asbestos, must be presumed to contain asbestos, and where it appears highly likely to contain asbestos, there should be a strong presumption that it does. All materials, which are presumed to contain asbestos, must be assessed.

Type 2: Standard sampling, identification and assessment survey (sampling survey)

The purpose and procedures used in this survey are the same as for Type 1, except that representative samples are collected and analysed for the presence of asbestos. Samples from each type of suspect ACM found are collected and analysed to confirm or refute the surveyor’s judgement. If the material sampled is found to contain asbestos, other similar homogeneous materials used in the same way in the building can be strongly presumed to contain asbestos.

Less homogeneous materials will require a greater number of samples. The number should be sufficient for the surveyor to make an assessment of whether asbestos is or is not present. Sampling may take place simultaneously with the survey, or as in the case of some larger surveys, can be carried out as a separate exercise, after the Type 1 survey is complete.

Type 3: Full access sampling and identification survey (pre-demolition / major refurbishment surveys)

This type of survey is used to locate and describe, as far as reasonably practicable, all ACM’s in the building and may involve destructive inspection, as necessary, to gain access to all areas, including those that may be difficult to reach. A full sampling programme is undertaken to identify possible ACM’s and estimates of the volume and surface area of ACM’s made.

The survey is designed to be used as a basis for tendering the removal of ACM’s from the building prior to demolition or major refurbishment so the survey does not assess the condition of the asbestos, other than to note areas of damage or where additional asbestos debris may be expected to be present.

HSB Haughton are able to assist with survey types 1 and 2 and would welcome the opportunity to discuss our services in greater detail.