Records, repairs and funding

Important Records

Record written conclusions and keep an Asbestos Risk Assessment File. The assessment must be reviewed immediately if there is reason to suspect that it is no longer valid or if there has been a significant change in the premises.

Prepare and implement a system to manage any risks. The premises should be monitored on a regular basis and all findings recorded. Any ACMs left in situ should be labelled and monitored to ensure that their condition has not worsened.

If a decision is made to leave the ACM or presumed ACM that is in good condition in place, then it is particularly important that regular checks are made on its condition. Also record all locations that you have been unable to check, so that any contractors or anyone likely to disturb the material is reminded that they must check if they work in that area.

It's essential that you make the location of ACM known to everyone who needs to know, so that they do not inadvertently disturb or damage it. One way of doing this is by the use of asbestos warning labels, or some other means of warning, e.g. a colour coded symbol.

Prepare and keep an ’up to date’ plan identifying the location and condition of the ACMs. The plans should be clear and available at the premises. It's vital that you provide anyone who is likely to work on the premises with information on the location and condition of the asbestos. This includes Contractors and the Emergency Services.

Ensure anybody working in or on the premises holds a valid Asbestos Awareness training certificate, (dated within 12 months).

If the asbestos is in good condition, that is, not damaged, or likely to be damaged so that fibres can be released, and is not likely to be worked on or disturbed, it is usually safer to leave it in place and check its condition on a regular basis. Good condition means that the surface is not damaged in any way. The use of drawing pins, nails, screws or similar items on ACM must not be permitted.

If the asbestos is in poor condition or is likely to be damaged or disturbed, a decision should be taken on whether it should be repaired, sealed, enclosed or removed.

The removal of ACM, in most cases, must be done by a Licensed Contractor and the disposal of any ACM is strictly controlled by environmental legislation. It must not just be fly tipped or taken to a municipal tip. When arranging for the disposal of the asbestos waste, the ownership of the waste remains with the Executive until the contractor demonstrates they have disposed of it correctly, such as duty of care notes.

Repairing Obligations

Where a lease places fully maintain and repair obligations on a Tenant, the Landlord should ensure that the Tenant is aware of his obligations under Regulation 4 and satisfy himself that the Tenant complies with those obligations.

Where the Landlord himself owes the repairing obligation he will need access to premises in order to carry out the Survey and Risk Assessment. The Lease will dictate the terms of entry and whether survey costs are recoverable under any service charge.

Premises hired by Groups such as Village or Church Halls, Schools, Cricket pavilions or similar.

Groups hiring such venues to meet in must make reasonable enquiries to the person in charge and satisfy themselves that a suitable assessment has been made of the asbestos risk in the premises by a competent person in line with the advice above.

If it has and the results and controls are suitable and sufficient, then that’s fine. If not, then the Executive should strongly encourage the persons in charge, of this duty.

Give them a copy of this guidance and persuade them of the need to act appropriately. If they fail to comply with their statutory duty, the Executive may find themselves in a situation of difficulty in so much as there may be an asbestos risk. One solution could be to ask the persons in charge to share the cost of such a survey with all the regular partners. The worst case scenario may be to have to find alternative compliant premises.

Funding

If you're finding it difficult to find the funds to pay for the initial survey or subsequent removal of asbestos, please contact the Fundraising team at Gilwell Park for advice. Additional advice can be sought from your Local Authority and from your County / Area Safety Adviser.