The HSE has been providing guidance to duty holders for some time in advance of today's date including the provision of a webpage providing an outline of the duty.The Control of Asbestos at Work 2002 Regulations in October 2002 introduced the new duty to manage asbestos risk in non-domestic premises. Nick Brown (the then Minister responsible for health and safety), in his speech to the House of Commons during the debate on the Regulations in October 2002, reinforced the Government's support:
Speaking at the Scottish Labour Party Conference in Inverness, she insisted that no-one who committed a crime would be above the law."So if legislation is needed to deal with corporate killing, we will bring forward legislation,' she said. "Too many people have told me that the scales of justice have tipped too far in favour of the lawbreaking few."
At Livingston Sheriff Court West Lothian Council was fined £3000 for breaching health and safety legislation during and in preparation for work on the permanent electrical installation of Uphall Primary School. It was also admonished on two charges, and not guilty of three others.Although the presence of asbestos in tiles elsewhere in the school had been noted, the Council inspection prior to the contract had failed to identify the presence of asbestos on the back of the classroom ceiling tiles, and these had been broken up as work progressed.
Although it is understood that the regulations will be laid before Parliament next week they are not expected to come into force till the end of November 2002 or in the case of Regulation 4(the duty to manage) and Regulation 20 (standards for analysis will not be enforced for a further 18 and 24 months respectively.