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Philip Jeffs
Member - 291 posts
Having seen this discussion group, and as an asbestos surveyor, it seemed like a good group for me to be long to......
...... only to find no-one had started any discussions? So, not the most active group on WPL then?
OK, to start things off, having commissioned a survey (usually Type 1 in my experience) why do all employers then think they have fully satisfied the regs and completely ignore the fact that they have to have a management plan and keep it updated?
In fact there is no legal requirement for a formal survey, which many (not all) employers have done, but they miss the most important requirement under the Regs? But, there again, who is checking...?
If the Local Authorities don't ask for a copy, and the HSE has no inspectors to do so, why bother at all..?
Discuss..
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Mick Dawson
Member - 1 post
Hello Philip,
You're quite right, there isn't really anyone checking. And this is a conscious decision by the HSE on how it enforces the Regualtion. Without wishing to sound like a conspiracy theorist, what they do and don't do with regards to enforcement is mired in the politics of the HSE as a government agency.
In simple terms, if the HSE went and caught (and prosecuted where appropriate) everyone who is not complying with Reg 4, the ultimate cost to British industry of compliance would be way over what the HSE estimated in its original Regulatory Impact Assessment in the consultation process leading up to the introduction of Reg 4.
The HSE would then have the governemtn on its back wanting to know why, when there is a government initiative for less regulation, particularly in the SME sector, Reg 4 is more burdensome than envisaged.
It's no different to a local authority or NHS trust going over budget. It suits the HSE not to enforce Reg 4 as much as it should do. This is why if you look on the HSE website and search forl Enforcement Notices to do with Reg 4, you won't find any big fish. You will see that, for example, a farmer in Wales was found not to have a Management Plan, and a sole trader builder disturbed asbestos cement during an extension to a warehouse, rather than large building owners and property landlords who have hundreds of buildings.
Like you, I sometimes find myself asking, why bother!
MICK DAWSON
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