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Responsibility for Asbestos

Discussion in 'Building' started by C p, 14 Dec 2017.

  1. Lower

    Lower

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    I disagree. There is theoretical application of CDM and practical on a domestic basis. Practical application when doing a renovation in small steps is that as the home owner its largely irrelevant.
     
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  3. noseall

    noseall

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    WTF? The homeowner is the owner of the hazardous material. It is the homeowner that exposing varying tradesmen to hazardous material, that he invited in to do work in his home.

    Do you think the homeowner automatically shifts responsibility to Peter the painter when he invites him in to paint the airing cupboard?
     
  4. kazuya

    kazuya

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    round here ya ring the council, they drop off bags, you double bag the "asbestos", seal the bags with tape
    ring the council and tell them its ready, they then collect it
    £125 last time i did it
     
  5. oldbutnotdead

    oldbutnotdead

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    Pretty much http://www.hse.gov.uk/asbestos/faq.htm#domestic-properties
    Key phrase- 'In owner-occupied domestic properties, the owners are not legally responsible for risks to contractors from asbestos, as the owners themselves are not engaged in any work activity.'
    So as the homeowner, as long as you haven't been DIY-ing all over the place you have no liability under the law. Different matter if you yourself have been doing things...
     
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  7. noseall

    noseall

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    No, but the homeowner is responsible for the asbestos and is what this thread is about.
     
  8. ^woody^

    ^woody^

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    The home owner is the "Client" under CDM and as such has all the client responsibilities that come with the CDM regulations.

    CDM was intended to bring all parties involved in a construction project together to benefit workers and building users. Everyone involved shares a responsibility and has a duty to site safety under these regulations.

    Yes much of the specialist knowledge does have to come from the contractors and professionals who would be the best people to deal with such things, but that still leaves an over-arching duty for the client to ensure that all those things are in place and continuously updated.

    The saving grace for domestic clients is that the latest CDM regulations have been so badly written and is full of vagueness that it's difficult for many people to interpret. The HSE previously published approved guidance (ACOP) for past incarnations of these regulations. They have not done so this time even after two years. Some say that's because they don't have a clue themselves.

    My view is that CDM was only bought in to domestic work for tax purposes in an attempt to close down the black economy, not specifically for safety reasons.
     
  9. Lower

    Lower

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    We do a lot of work under CDM regs and often act as the principal designer, principal contractor, main contractor or any combination of these so i have plenty of experience of CDM. Slightly different for us though as we're a machine builder and installer rather than a standard building contractor which means we're often pushing CDM further than it was really designed for.

    But trying to apply CDM logic in a domestic environment just isn't practicable. It might be if you're doing a whole build from scratch, but not when you're doing scattered bits of remedial work.
     
  10. Lower

    Lower

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    That's not what i meant. I was referring to CDM specifially.

    However, the reality is that unless it becomes law that every house has to have a asbestos survey, tradesmen are going to have to have the understanding of what might and might not be asbestos so that they can protect themselves from inadvertent exposure caused by homeowners asking them to do work without knowledge of where there is asbestos in their homes.

    Although we work in a commercial environment, we still do asbestos awareness training with all our engineers for the same reason.
     
  11. DIYnot Local

    DIYnot Local

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    If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

    Select the supplier or trade you require, enter your location to begin your search.


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