Asbestos and the law
Current Legislation – Overview
Asbestos (Licensing) Regulation 1983 and Asbestos (Licensing) (Amendment Regulations 1998)
These regulations require companies to be licensed to carry out work with asbestos insulation, asbestos coatings and insulation board. Scaffolding contractors who erect scaffolding for asbestos works may also need to be licensed.
Asbestos (Prohibitions) (Amendment) Regulations 1999
These Regulations prohibit the importation of all types of asbestos and products to which they have intentionally been added.
The Control of Asbestos Regulations 2012- came into force on 6th April 2012
(Asbestos Regulations – SI 2012/632)
These Regulations bring together the three previous sets of Regulations covering the prohibition of asbestos, the control of asbestos at work and asbestos licensing.
The Regulations prohibit the importation, supply and use of all forms of asbestos. They continue the ban introduced for blue and brown asbestos in 1985 and for white asbestos in 1999. They also continue to ban the second-hand use of asbestos products such as asbestos cement sheets and asbestos boards and tiles; including panels which have been covered with paint or textured plaster containing asbestos.
Non-compliance with the regulations above will lead to penalties including the closure of works by HSE inspectors, unlimited fines for companies responsible, and fines of up to £20,000 or even imprisonment for individuals responsible. Call ASI now, on Freephone 0800 1613384.
Asbestos: Legal Advice to Landlords
Landlords as Dutyholders have responsibilities for asbestos under two sources of legislation. The Defective Premises Act 1972 addresses responsibilities within a domestic property. The Control of Asbestos Regulations 2006 imposes responsibilities on the landlord as Dutyholder with respect to the external and communal areas of multiple-occupation dwellings
This summary necessarily brief and is not intended to replace the full explanation of the responsibilities as set out by the full wording of the legislation, the appropriate Approved Codes of Practice and the summation of legal interpretations.
The Control of Asbestos at Work Regulation 2002 (CAWR) the law does place specific duties on a landlord in respect of asbestos in their property, The Environmental Protection Act (EPA) 1990 defines statutory nuisance as “any dust…likely to cause injury…to the public”. The Act gives local authorities, through Environmental Health Officers (EHOs), the power to serve abatement notices where premises are in such a state as to be prejudicial to health, or a nuisance.
Tenants have achieved a number of successes in forcing landlords and local authorities to identify, locate, remove or encapsulate asbestos
The Control of Asbestos Regulations 2006 came into force on 13 November 2006 (Asbestos Regulations – SI2006/2739).
These regulations bring together the three previous sets of regulations covering the prohibition of asbestos, control of asbestos at work and asbestos licensing.
The regulations prohibit the importation, supply and use of all forms of asbestos. They continue the ban introduced for blue and brown asbestos 1985 and for white asbestos in 1999. They also continue the ban the second-hand use of asbestos products such as asbestos cement sheets and asbestos boards and tiles; including panels which have been covered with paint or textured plaster containing asbestos Where asbestos hazards may be found in the home?