Asbestos and Construction

There are two typical situations where a client, duty holder, or responsible persons will need to consider both the Control of Asbestos Regulations (CAR) 2012  and the Construction (Design and Management) regulations (CDM) 2015.

1. Works where maintenance or refurbishment works may disturb asbestos, a Pre-Refurbishment Asbestos Survey will be required prior to works commencing

2. Where demolition works are planned, a Pre-demolition Asbestos Survey will be required prior to commencement

Where an asbestos survey has highlighted asbestos, asbestos removal or asbestos encapsulation works may be required, asbestos air monitoring post removal or encapsulation will be required to ensure the area is safe for reoccupation.

Under the CDM 2015 regulations, the client is responsible for ensuring effective health and safety is planned throughout the construction project. This includes ensuring that potential hazardous materials and substances are identified and managed appropriately (including asbestos).

What CDM roles can you appoint in relation to Asbestos?

When appointing a CDM role where asbestos works are undertaken you can appoint a Lucion CDM specialist Consultant under the following circumstances:

CDM Contractor

Where asbestos works are undertaken, our team of CDM Consultants can take the role of a contractor under CDM 2015. At such times where we are the sole contractor undertaking works, our method statements, risk assessments and survey methodology form the basis of our Construction Phase Plan to meet the requirements of the CDM 2015 regulations. 

Principal Designer

Where engaged in consultancy services for asbestos abatement and removal works, CDM 2015 applies and our team are able to be appointed as Principal Designer (assuming the works are being carried out in isolation). We will provide a technical specification (design) for the removal works and assist in the tendering process to appoint a suitable licensed asbestos removal contractor. We would also supervise the removal works from start to finish, carrying out audits of the contractor’s performance and documentation to ensure compliance and suitability with legislation, site procedures and best practice. 

Upon completion of the works, we would deliver a project completion pack (acting as the H&S File) to the client, which will include (but not limited to) analytical paperwork, updated and asbestos registers and waste consignment notes. 

CDM Designer

For asbestos removal works which are being undertaken as part of wider projects, and you require our CDM Consultant to produce the technical specification for the removal works, our team can be appointed as a CDM designer and would work under the control of the overall scheme Principal Designer to ensure that our works supported the controls and procedures for the project. 

As the UK’s market-leader in asbestos testing, inspection, and consultancy, our Environmental team has been involved in designing and managing asbestos remediation work since 2002, working with clients and removal contractors to deliver asbestos remediation work in-line with HSG 247 Asbestos: The licensed contractors' guide.

How will Lucion ensure your duties comply with Regulation 15 of CDM 2015? 

Under any CDM role relating to the removal or management of asbestos during your project, our team will:

• Ensure information relevant is obtained and shared with the Client and Principal Designer, including our asbestos survey reports and other site safety information

• Cooperate and coordinate with other parties i.e. Client and/or Principal Designer, Principal Contractor and other contractors to ensure our works do not impact others and vice versa.

What are my responsibilities?

As the Commercial Client or Duty Holder, the CDM 2015 regulations place responsibility for the effective management of Health, Safety and Welfare on construction sites. Appropriate measure must be in place and competent persons must be appointed to ensure the successful, safe completion of the project.

Information about asbestos on site must be recorded in the pre-construction information and considered in the construction phase plan prior to works commencing.