CNG Business Services - Helpful Information

We have received many questions from customers regarding their health & safely obligations under the law and we are pleased to provide information here about the Control of Asbestos at Work Regulations 2002 and also the Disability Discrimination Act. We hope you find the brief information below helpful in answering some of your own questions.

Control of Asbestos at Work Regulations 2002

This law affects all non-domestic buildings, regardless of the type of business carried out in them. It even extends to common areas of residential rented properties.

The person responsible for following this law is the dutyholder, the person who has control of the building or who is responsible for maintaining and repairing the property i.e. the owner or occupier. The extent of the occupier's duty depends on the size of the buildings and the complexity of its use.

The reason for this regulation is that there are up to 500,000 commercial, industrial and public buildings in the UK thought likely to contain asbestos materials. Asbestos was used extensively as a building material in the UK from the 1950s through to the mid 1980s. Some of the main uses for asbestos were in thermal insulation, fire protection, and building materials.

Asbestos is the generic name for a group of minerals that are hydrated fibrous silicates. The main difference between the different types of asbestos is the type of metals and the amount of water contained within their molecular structure. The most commonly known types of asbestos are white, blue and brown asbestos.

Unless properly managed, people working in premises where there is asbestos may breathe in harmful asbestos fibres when carrying out their everyday jobs. This regulation will protect the largest group at risk of exposure to asbestos, building and maintenance workers, thereby helping to prevent 4,700 asbestos-related deaths.

As a dutyholder, you are required to assess whether there is any asbestos in your premises, and if so, what condition it is in. You must then assess the risk, for example is it likely to release fibres and then make a plan to manage the risk. Depending on the condition of the asbestos, you must either remove it or manage it. You must make sure that maintenance activities carried out subsequently do not expose anybody to any avoidable risk. And the dutyholder must ensure that information on the location and condition of these materials is given to anyone likely to disturb it.

The legal duty is about managing any asbestos in a building, not about removing all asbestos. Asbestos in good condition and not likely to be disturbed should not be removed. Asbestos is only dangerous when disturbed. If it is safely managed and contained, it doesn't present a health hazard. It is imperative therefore that you undertake an assessment of the asbestos in your building.

For additional helpful information about asbestos and the law, please visit the links below:

http://www.hse.gov.uk/asbestos/index.htm

http://www.hse.gov.uk/pubns/indg223.pdf

http://www.legislation.hmso.gov.uk/SI/SI2002/20022675.htm

This new law now makes it unlawful for companies to treat disabled people less favourably than other people for any reason related to their disability. And remember, the definition of disabled is broad, it includes people who have hearing or visual impairments, as well as people who have physical impairments, some of whom use a wheelchair.

The DDA covers many issues including employment of anyone with a disability, and how it is now unlawful for an employer to discriminate against an employee purely because they have a disability.

With regards to service providers, which many of you are, you are required to make reasonable adjustments to the physical features of your premises to make it easier for a disabled person to use your services. Points to consider include: include better lighting to increase visibility, access to your premises and perhaps installing ramps or handrails, or offering to bring the goods to the customer if it is impractical to make any physical alterations.

It should be noted though that the term "reasonable adjustments" is not precisely defined and there is scope for interpretation. Smaller firms can argue that some of the changes that might otherwise be required by the Act are too onerous and might threaten to put them out of business.

There are many disability access groups around the country monitoring compliance with the Act in various industries, eager to make examples of companies not complying. Firms not complying with the DDA can expect to face large fines.

For additional helpful information, please visit the links below:

http://www.ddadeadline.com

http://www.drc.org.uk

IMPORTANT: These are only intended to be general statements and no action should be taken in reliance of them without specific legal advice.

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