An overview of the legislation

 

Much of the legislation focuses on the recording and management of hazards. As part of this work a new method of determining hazardous substances (MDHS 100) is being introduced. This new document sets out a structure and approach to the surveying and assessment of asbestos containing materials (ACMs).

 

It must be stressed that these regulations concern the management of hazards and neither require nor encourage the removal of ACMs which are in a safe and stable condition. Providing that it can be demonstrated that ACMs have been identified and are being maintained correctly then there is no reason why they should not remain on a site for many years without causing a problem.

Under the regulations a dutyholder is required to:

• assess premises for the likelihood of the presence or absence of ACMs
• assess the condition of any asbestos found in the premises
• review the assessment if there have been significant changes to the premises
• ensure that the conclusions of the assessment and every review are recorded
• assess the risk which ACMs present to occupants and users of the building
• monitor and maintain the condition of ACMs
• inform every person liable to encounter an ACM of the location and condition of any asbestos
• make emergency services aware of the location of ACMs
• carry out audits to ensure that all measures specified in the plan are implemented and recorded