Are you aware of asbestos regulations?

Regulations exist for the management and control of exposure to asbestos because it is a potentially very dangerous material, prolonged exposure to which, says the National Health Service, may cause the life-threatening lung disease, asbestosis.

The material becomes dangerous when it is disturbed by being broken, chipped, drilled into or simply allowed to deteriorate when it releases tiny fibres into the air which is breathed.

There are three main types of asbestos:

  • amosite – brown asbestos;
  • crocidolite – blue asbestos; and
  • chrysotile – white asbestos;

Although each of these is potentially dangerous, the brown and blue varieties are much more dangerous than the white.

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Regulation

Because all of these types of asbestos were once used in the British construction industry, they remain present in many older buildings. Because of the risk to health, if the asbestos is disturbed, the government has regulated upon the management and control of that risk. The principal legislation is the Control of Asbestos Regulations (CAR) 2012 and the most authoritative explanation of their content may be found on the Health and Safety Executive’s website.

Shops

Under these regulations, the owners of commercial property have a particular responsibility for the control of the risk of exposure to asbestos.

The British Retail Consortium has pointed out that more than 4,000 people every year are still being affected by past exposure to asbestos. The Consortium recognises the particular responsibility of retailers and shop owners because:

  • asbestos management takes place in the daily presence of staff, contractors and members of the public;
  • there may also be significant numbers of casual or seasonal staff;
  • asbestos management takes place alongside normal trading operations;
  • shops are relatively frequently refurbished or worked on as part of advertising campaigns and initiatives; and
  • ceilings which contain asbestos may be directly above the main trading area of a shop.

Insurance

Your shop insurance is likely to provide cover for both your public liability and your employers’ liability, in the event of personal injury – including long-term ill-health – being sustained by either of these two groups of individuals to whom you owe a duty of care.

These elements of your retail premises insurance, however, may become ineffective and invalid if you fail to exercise the obligations and responsibilities required of you by the Control of Asbestos Regulations.

If you are uncertain about the effect of the Control of Asbestos Regulations on your shop insurance, you may wish to consult a specialist insurance provider, such as ourselves.

Control of Asbestos Regulations

The owners or occupiers of shops who have responsibility for their upkeep and repair have a duty to manage the risk of asbestos if the material is known to be or presumed to be present.

Probably the most effective way of managing the risk, says the Health and Safety Executive, is to conduct an asbestos survey to determine the location, type and amounts of asbestos present in your building.

On the strength of the survey results, the shop owner may then have sufficient information to compile an asbestos register, a risk assessment and a management plan.

The asbestos register is especially important since it is designed to record:

  • dates of regular inspections to assess the condition of asbestos-containing materials;
  • dates when any asbestos is removed;
  • additions of new areas for asbestos management as and when its presence is detected; and
  • any changes in the condition of asbestos-containing materials.

If your management plan or other proposed building works reveal a need for the removal of asbestos, work done by any of your employees must be notified to the Health and Safety Executive as “non-licensed work” or if higher asbestos risk work is contemplated, it must be carried out by a duly licensed contractor.

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Why choose the Property Insurance Centre

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Access to a wide range of insurers to source suitable insurance cover for your needs

Bespoke Insurance Schemes & Portfolio Policies available

We can tailor your policy to suit your exact needs to give you complete peace of mind

Competitive Premiums

Cover available for the buildings while the property is being converted, renovated or extended

Over 40 years experience working with the best insurers in the UK

Excellent communication so that you understand what risks you are insured against

Why choose the Property Insurance Centre

Independent broker with staff you can speak to by phone or online

Access to a wide range of insurers to source suitable insurance cover for your needs

Bespoke Insurance Schemes & Portfolio Policies available

We can tailor your policy to suit your exact needs to give you complete peace of mind

Competitive Premiums

Cover available for the buildings while the property is being converted, renovated or extended

Over 40 years experience working with the best insurers in the UK

Excellent communication so that you understand what risks you are insured against

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We have over 40 years experience as Residential and Commercial Insurance Brokers. We find the right policy to suit your needs and understand the risks that a property owner can face in the course of ownership. We work closely with our Insurers to get the best rates and our experience and excellent relationships with them mean that we can provide cover for even the most difficult to place risks.

Whether you have an adverse claims history, a high value property or a large portfolio of properties, we can source suitable cover for you. Whatever your requirements, we can tailor a specialist property insurance policy to suit your exact needs and provide you with a range of quotes to choose from. Established in 1976, we are not a call centre but a specialist insurance broker with a traditional office mentality, where the client comes first.

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