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bath & wells: diocesan information
Asbestos Guidance Notes
Bath & Wells Diocesan Advisory Committee
GUIDANCE NOTE RELATING TO ASBESTOS IN CHURCHES AND CHURCH BUILDINGS
Section 4 of the Control of Asbestos at Work Regulations 2002 came into effect on 21 May 2004. The Regulations place a duty on persons having control of non-domestic premises (which include places of worship) to make a suitable and sufficient assessment as to whether asbestos is or is liable to be present in the premises.
A copy of a paper by the Council for the Care of Churches (CCC) on the Regulations is appended to this paper. Ecclesiastical Insurance have also issued a paper which is available from their Head Office (Tel. 01452 528533).
The CCC paper suggests that there should be a Diocesan wide approach to the issue but one has not been formulated for Bath and Wells. It also suggests that a survey should be linked to the quinquennial inspection report. However it is understood that architects' professional indemnity insurance policies are being restricted in connection with the advice which they can give on asbestos and therefore architects and surveyors may be unable to give any specific advice about asbestos apart from advising churches to undertake a risk assessment.
The Chancellor has advised that although Regulation 4(1) of the Regulations is widely framed, the duties rest upon those who "have, to any extent, control" of non-domestic premises or those who have obligations to maintain or repair such premises under a contract or tenancy. Despite the breadth of language used, he does not consider that the DAC, which exercises advisory functions, has any "control" of churches. Such control is shared between the incumbent, churchwardens and PCC (with complex variations in the case of team ministries or priests in charge).
The Chancellor has suggested that it is in the interests of good administration that the DAC should alert parishes and their church architects to the impact of the Regulations. Church architects and surveyors have been alerted and the information about the Regulations has been available from the DAC and the Archdeacons have alerted parishes to them.
Those persons having control of the church should therefore undertake a risk assessment to ascertain if asbestos is likely to be found in the premises. There are a number of commercial companies which are willing to undertake such assessments for a fee. The DAC is aware of a folder on "Asbestos in Places of Worship" available at a cost of £47 inclusive of postage and package from David Vosper MCIEH. This folder was written at the request of and in consultation with the Diocese of Gloucester and guides parishes through an initial risk assessment and subsequent managing of asbestos in places of worship. It is available on request from
david@safety-guidance.wanadoo.co.uk
If asbestos is found and is deemed to be hazardous it will have to be removed by a specialist contractor, again at a fee.
Although the DAC can give some advice on where to look for information it is outside the terms of its remit to give advice to those having control of the premises on how they should deal with their responsibilities.
October 2004
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