Is It The Law To Remove Asbestos In Sussex?

Asbestos is a dangerous mineral, known for causing several types of cancer and lung diseases. Inhaling asbestos fibers can lead to serious illnesses with often fatal consequences. Therefore, the UK government has imposed strict regulations regarding asbestos handling and removal.

If you are a property owner or facility manager, you might be wondering whether it is the law to remove asbestos from your premises in Sussex. In this comprehensive guide, we will cover everything you need to know about asbestos regulations in Sussex, including the legal requirements, the responsibilities of property owners, and the consequences of non-compliance.

Why Is Asbestos a Concern?

Asbestos is a naturally occurring mineral that was widely used in the construction and manufacturing industries for its heat-resistant and insulating properties. However, it wasn't until the 1970s that the health hazards of asbestos exposure became widely recognized. Since then, the UK government has implemented a range of regulations to protect workers and the public from the dangers of asbestos.

Exposure to asbestos fibers can lead to several health conditions, including lung cancer, mesothelioma, and asbestosis. These diseases often develop several years after exposure, making them difficult to diagnose and treat. Therefore, it is essential to prevent asbestos exposure by implementing strict regulations on its handling, removal, and disposal.

Is Asbestos Removal Mandatory in Sussex?

Under the Control of Asbestos Regulations 2012, it is the duty of property owners and facility managers to assess the presence of asbestos in their premises and manage the risks associated with it. If asbestos is found, the property owner must determine whether the asbestos-containing materials (ACMs) pose a risk of exposure and take appropriate action to manage such risks.

However, the law does not always require asbestos removal. As long as the ACMs are in good condition and not likely to be disturbed or damaged, they can be managed in situ by implementing specific control measures, such as encapsulation, enclosure, and regular monitoring.

On the other hand, if the ACMs are deteriorating or likely to be disturbed or damaged, it may be necessary to remove them. In such cases, asbestos removal must be carried out by a licensed asbestos removal contractor, such as Affordable Asbestos Removal Sussex.

What Are The Legal Requirements?

The Control of Asbestos Regulations 2012 sets out strict legal requirements for the handling, removal, and disposal of asbestos in the UK. These regulations apply to all commercial, industrial, and public premises, as well as residential properties built before 2000.

The main legal requirements for asbestos management include:

Asbestos Survey

Before any work is carried out on a building, a thorough asbestos survey must be conducted to identify the location, type, and condition of any ACMs present. The survey must be performed by a qualified and accredited asbestos surveyor, who will provide a report detailing the findings and recommendations for managing or removing the asbestos.

Asbestos Management Plan

Based on the asbestos survey results, a written asbestos management plan must be developed and implemented to manage the risks associated with asbestos exposure. The plan must include details of the ACMs present, the control measures in place, and the procedures for emergencies and incidents.

Asbestos Removal

If it is determined that asbestos removal is necessary, the work must be carried out by a licensed asbestos removal contractor, such as Affordable Asbestos Removal Sussex. The contractor must follow strict guidelines for safe removal and disposal of the asbestos, which includes encapsulating or enclosing the area, wearing appropriate personal protective equipment, and sealing the asbestos waste in a special container.

Asbestos Disposal

All asbestos waste must be disposed of in accordance with the Environmental Protection Act 1990 and the Hazardous Waste Regulations 2005. Asbestos waste must be double-bagged and labeled with a warning sign, and transported to a licensed asbestos waste disposal facility.

What Are The Responsibilities of Property Owners?

As a property owner or facility manager, it is your responsibility to ensure that your premises are safe and free from asbestos hazards. You must take proactive measures to identify, manage, and remove any ACMs present, and ensure that your staff, visitors, and contractors are protected from asbestos exposure.

Your responsibilities regarding asbestos management include:

Record Keeping

You must maintain a detailed record of any asbestos survey, management plan, and removal work carried out on your premises. These records must be easily accessible and regularly updated.

Risk Assessment

You must identify any areas that are likely to be disturbed or damaged, and carry out a risk assessment to determine the level of risk associated with asbestos exposure. You must implement appropriate control measures to manage such risks and protect your staff and visitors.

Training

You must provide appropriate asbestos awareness training to your staff and contractors who may encounter asbestos in the course of their work. This training must cover the hazards of asbestos, how to identify ACMs, and the appropriate control measures to take.

Notification

If your premises are being renovated or demolished, you must notify the Health and Safety Executive (HSE) at least 14 days before commencing work. This notification must include details of any asbestos present and the measures in place to manage or remove the asbestos.

Compliance

You must comply with all regulations regarding asbestos management and removal, including the Control of Asbestos Regulations 2012, the Health and Safety at Work Act 1974, and the Environmental Protection Act 1990.

What Are The Consequences of Non-Compliance?

Failure to comply with asbestos regulations can have severe consequences, both for the health of your staff and visitors and for your legal and financial liabilities.

Non-compliance with asbestos regulations can result in:

• Exposure to asbestos fibers, leading to serious health conditions.

• Prosecution by the Health and Safety Executive, resulting in fines, imprisonment, or both.

• Damaged reputation and loss of customer trust and loyalty.

• Legal liability for compensation claims from staff, visitors, or contractors who have suffered asbestos exposure.

Therefore, it is essential to take asbestos management and removal seriously and ensure that you comply with all regulations in place.

Contact Affordable Asbestos Removal Sussex

At Affordable Asbestos Removal Sussex, we are licensed and experienced asbestos removal contractors serving Sussex and the South East of England. We can provide bespoke asbestos surveys, management plans, and safe removal and disposal services at a competitive price, with no compromise on quality, safety, or compliance.

Call us today on 01273 978238 or email us at [email protected] to discuss your asbestos management and removal needs and receive a free, no-obligation quote.

Remember, asbestos removal is not just a legal requirement but a moral duty to protect the health and safety of your staff, visitors, and the public. Let us help you manage your asbestos risks professionally and efficiently, so you can focus on running your business with peace of mind.