Health and Safety at Work 1974 and Others

Health and Safety at Work Act 1974

Section 2 (1) it shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Section 2 (2) (d) (the same duty extends) to any place of work under the employers control to be maintained in a condition that is safe and without risk to health.

Section 3 (1) requires that every employer is to conduct his undertaking in such a way as to ensure that persons not in his employment who may be affected are not exposed to risk of health and safety. Provide information to other people about their workplace which might affect their health and safety.

Section 4 contains general duties for anyone who has control, to any extent, over a workplace.

The Management of Health & Safety at Work Regulations 1999

Requires employers and self-employed people to make an assessment of the risks to the health and safety of themselves, employees and people not in their employment, arising out of or in connection with the conduct of their business, and to make appropriate arrangements for protecting those people’s health and safety.

Any assessment made for the purposes of the Asbestos Regulations will not need to be repeated for the Management Regulations.

The Workplace (Health, Safety and Welfare) Regulations 1992

Requires employers to maintain workplace buildings so as to protect occupants and workers.

The Hazardous Waste (England and Wales) Regulations 2005

Asbestos materials must be disposed of as hazardous waste and must not enter normal waste streams. These regulations cover the detailed requirements for the transport, treatment, storage and disposal of hazardous waste.

The Defective Premises Act 1972 (England and Wales)

Places duties on landlords to take reasonable care to see that tenants and other people are safe from personal injury or disease caused by a defect in the state of the premises. Any premises in such a state as to be prejudicial to health constitute a statutory nuisance under section 79 of the Environmental Protection Act 1990. An abatement notice can be served by the local authorities on the owner or occupier of premises requiring prevention or restriction of the nuisance.

The Landlord and Tenant Act 1985

Requires all rented properties to be fit for human occupation at the beginning of tenancy and requires the landlord to maintain that basic standard. Any property with asbestos containing materials that are in an unsafe condition may not comply with the Act.

Landlords who employ staff to maintain their properties also need to comply with the Health and Safety at Work act 1974. (See above)

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

Places a duty on employers, the self – employed and the responsible person in control of work premises to report certain serious workplace accidents, occupational diseases and specified dangerous occurrences (near misses).

Exposure of asbestos is reportable under RIDDOR when a work activity causes the accidental release or escape of asbestos fibres into the air in a quantity sufficient to cause damage to the health of any person. Such situations are likely to arise when work is carried out with suitable controls, or where those controls fail – they often involve:

Using power tools (to drill or cut etc. ) on most Asbestos Containing Materials (ACM)
Work that leads to the physical disturbance of an ACM that should only be worked on by a licenced contractor. e.g. Knocking, breaking or smashing of sprayed coatings, laggings, asbestos insulation board (AIB)
Manually cutting or drilling AIB
Work involving aggressive physical disturbance of asbestos cement e.g. breaking or smashing
If these activities are carried out without suitable controls, or the precautions fail to control exposure, these would be classed as a ‘dangerous occurrence’ under RIDDOR and should be reported.

If you need to report a ‘dangerous occurrence’ relating to asbestos, your asbestos management plan or working practices should be reviewed.

Client Testimonials

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    United Kingdom
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    United Kingdom
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    United Kingdom
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