HSE INVITES DUTYHOLDERS TO HELP WITH DUTY TO MANAGE ASBESTOS REVIEW

HSE press release: E181:03 - 23 September 2003

The Health and Safety Executive (HSE) has today placed a questionnaire on its website inviting dutyholders to tell them how they are getting on with complying with the duty to manage asbestos that becomes law on 21 May 2004.

The Government gave a commitment during the House of Lords debate in December 2002 to undertake a review into the operation of the new regulation by the end of this year. The questionnaire will form part of that review and is an opportunity for dutyholders to tell HSE what progress they have made with the different aspects of the requirements, and to tell it about anything that is getting in the way of them being able to comply.

HSE is hopeful that as many people as possible will complete the questionnaire so that it can use the information to decide what else needs to be done to raise awareness and encourage compliance.

The duty to manage requires those responsible for maintenance and repair of non-domestic premises to assess whether there is any asbestos in their buildings, and, depending on its condition, either remove it or manage it - making sure that maintenance activities carried out subsequently do not expose workers to any avoidable risk. They must ensure that information on the location and condition of these materials is given to anyone likely to disturb them.

As part of its campaign to raise awareness of the new duty HSE has been encouraging dutyholders to start work well in advance of May 2004 and, in particular, to introduce a precautionary approach to maintenance work in their buildings. This means only allowing work to take place on materials after checking whether they contain asbestos, or alternatively, assuming materials contain asbestos and taking the necessary precautions.

The questionnaire provides an opportunity to test out both what is happening now, and what needs to happen over the next eight months leading up to the introduction of the duty. It will also help HSE check that where action is being taken it is proportionate, for example, that asbestos materials that are in good condition and unlikely to be disturbed are left in place and managed.

It contains ten straightforward questions spilt into three main subjects - awareness, action planned or taken, and barriers to compliance. It should take no more than ten to fifteen minutes to complete. It can be accessed at: http://www.hse.gov.uk/campaigns/asbestos and can be completed on-line, be sent via e-mail, fax or post.

Information provided will be used only for the purposes of the review and will not be attributed to a particular individual or organisation. The closing date for receipt of questionnaires is 31 October 2003.

Tracy Phillips of HSE's Asbestos Policy Unit, said: "The clock is ticking and the duty to manage is now only eight months away. I would urge dutyholders to respond to this questionnaire. The information provided by them will help us to make the duty to manage successful and contribute to our aim of preventing around 4,700 asbestos related deaths that would otherwise occur."

Notes to editors

1. The 'duty to manage' has been added as a new regulation to the Control of Asbestos at Work Regulations (CAWR). These Regulations have been in place since 1987 and provide a comprehensive and systematic approach to the control of asbestos in the workplace. CAWR 2002 were made on 24 October 2002 and the new duty to manage becomes law on 21 May 2004. An eighteen month lead in period was provided to enable dutyholders - especially those with many properties - to prepare for compliance

2. The regulation has been introduced to address the risk to maintenance workers from asbestos. At least a quarter of people currently dying each year from asbestos related diseases due to past exposure have worked in construction and building operations - this equates to 750 individuals and this sector is now the biggest group at risk.

3. Around 500,000 commercial and public premises are thought to contain asbestos and in many cases no one is managing the risks from the thousands of tonnes still present in them. Those working on these buildings, such as plumbers, electricians and other maintenance workers, often do not know they are at risk from disturbing the material, and they do not know if their work is putting others in the buildings at risk.

4. To support the duty, HSE has been running a campaign since October 2001 to raise awareness and promote compliance with it and more than 2000 organisations are currently committed to working with HSE as partners in the campaign. HSE has been working with a range of significant dutyholders and their representatives to ensure that the correct, proportionate messages reach those affected by the regulation. This has included the British Property Federation and the Federation of Small Businesses.

5. Debates on CAWR took place in both the House of Commons and the House of Lords. The debates covered a range of issues - the risks from white asbestos and the decision to include it in the duty to manage regulation, contractors exaggerating what the duty requires, the costs of the regulation, and claims for compensation for those currently suffering with asbestos related disease.

6. In closing the House of Lords debate in December 2002, Baroness Hollis agreed that there would be a review into the operation of the new regulation in 12 months' time and that any new scientific information, particularly relating to the risks from chrysotile (white asbestos), could be looked at as part of that review. HSE will report the findings of the review to Ministers at the end of 2003.

7. The duty to manage campaign website at: http://www.hse.gov.uk/campaigns/asbestos provides more detail on all aspects of the duty and its supporting campaign.

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