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First introduced in 1988, the Control of Substances Hazardous to Health (COSHH) regulations provide protection for employees from workplace hazards, but asbestos is not covered by COSHH regulations.
Need help meeting asbestos regulations in your workplace? Let EMS help. Call us now on 0800 3581100.
The COSHH regulations were passed into law in the late 1980s. They were created to give workers greater protection from hazardous substances.
These regulations require employers to do a few things:
* Protect workers from health conditions
• See that dangerous substances are handled correctly
• Routinely assess risks and implement precautions
• Train and inform employees on relevant risks
• Monitor employee exposure to hazardous substances and keep track of health
• Create emergency plans
A large selection of hazardous substances is covered by COSHH. These include:
• Fumes
• Dust
• Chemicals and products which contain chemicals
• Vapours
• Gases
• Biological agents
• Hazardous germs such as legionnaires or those found in laboratories
Asbestos is absent from this list, which brings us to our next question: does COSHH cover asbestos?
No. In the case of asbestos, employers are not governed by COSHH. They are instead bound by both the Control of Asbestos Regulations (CAR) 2012 and the Health and Safety at Work Act 1974.
The Control of Asbestos Regulations 2012 (CAR2012) lays the responsibility on employers to have workplaces surveyed for asbestos and to draw up an asbestos management plan. This plan will need to list any Asbestos Containing Materials (ACMs) in the work environment and detail strategies for keeping them contained.
The Health and Safety at Work Act demands that employers protect their staff from workplace hazards in general, including asbestos. What this means is that employers who fail to take action to protect their workers from asbestos exposure (and therefore harm) can be prosecuted.
It also gives employees a responsibility to ensure that they are working in line with safe practices, including wearing any recommended PPE and adhering to guidance.
COSHH is designed to be an overarching set of regulations that covers a large group of generally hazardous substances. Asbestos, however, is deemed to be so hazardous and such a large-scale problem in the UK that it warrants its own set of regulations.
Asbestos causes several severe health problems including asbestosis and mesothelioma. It is still responsible for around 5,000 deaths a year in the UK, even 25 years after it was banned. It is estimated that as many as 2.5 million buildings in the UK still contain asbestos.
Whilst the regulations do not cover domestic properties, if you suspect asbestos in your home, you should contact a competent asbestos surveyor to arrange a survey as soon as possible. If you rent your home, consult your landlord as they may have further information. If your rented property is a shared property with communal spaces, and the asbestos is found in a communal area, then your landlord is likely responsible for arranging the survey.
An asbestos survey is a legal requirement in any commercial property.
To check whether your property, domestic or commercial, contains asbestos you should arrange a professional asbestos survey.
Yes. Those found to be in breach of the CAR2012 regulations can face unlimited fines and may even receive a prison sentence.
Owners of derelict or vacant buildings also require an asbestos survey.
If your building uses or creates hazardous substances listed in the COSHH regulations, then you will need to conduct a COSHH risk assessment. Asbestos exposure, however, is not covered by COSHH so the presence of asbestos will not necessitate a COSHH risk assessment (RA), although you will need an asbestos survey and asbestos management plan (AMP).
The COSHH regulations were introduced in 1988. They have been updated several times, in 1994, 1999 and 2002.
COSHH stands for the Control of Substances Hazardous to Health. They are a set of regulations (2002) to give workers greater protection from workplace hazards.
If you undertake or are responsible for building maintenance, you are likely to have some responsibility as a duty holder. EMS is a specialist asbestos consultancy provider. We have been helping landlords, property owners, employers and homeowners manage asbestos risks since 2003.
We provide asbestos management surveys, asbestos refurbishment surveys, asbestos demolition surveys and asbestos re-inspection surveys in Hereford, Worcester, Gloucester, Birmingham and across the UK.
In addition, we also offer asbestos removal, consultancy and training on a nationwide basis.
To book your survey or for help with meeting your asbestos management obligations, speak to our expert team today. Call us now on 0800 3581100, email us at info@emsgroupuk.com or complete our contact form.
