UKATA Legal Framework (CAR 2012) 2 — Questions and Answers
Question 1: Under CAR 2012, what must an employer provide to employees who may be exposed to asbestos?
- Free gym membership
- Adequate information, instruction, and training about asbestos risks (Correct answer)
- A personal asbestos testing kit
- Guaranteed private healthcare
Correct answer: Adequate information, instruction, and training about asbestos risks
Under CAR 2012, employers must ensure that anyone who may be exposed to asbestos receives adequate information, instruction, and training. This must be appropriate to the type and level of work being carried out.
Question 2: What does Regulation 10 of CAR 2012 require before any work with asbestos-containing materials?
- A risk assessment to be carried out (Correct answer)
- Payment of a government fee
- Approval from the local MP
- A police escort to the site
Correct answer: A risk assessment to be carried out
Regulation 10 requires a suitable and sufficient assessment of the risk of exposure to asbestos before any work is carried out that may expose employees or others. The assessment must identify the type of asbestos, its condition, and the likely exposure level.
Question 3: Under CAR 2012, who has the power to issue improvement and prohibition notices for asbestos work?
- Local police
- The Health and Safety Executive (HSE) (Correct answer)
- The Environment Agency
- Trade unions
Correct answer: The Health and Safety Executive (HSE)
The Health and Safety Executive (HSE) is the enforcing authority for asbestos regulations. HSE inspectors can issue improvement notices (requiring action within a timeframe) or prohibition notices (stopping work immediately if there is serious risk).
Question 4: How long must health records for employees exposed to asbestos be kept under CAR 2012?
- 5 years after last exposure
- 10 years after last exposure
- 40 years from the date of the last entry (Correct answer)
- Indefinitely
Correct answer: 40 years from the date of the last entry
Health records for asbestos-exposed employees must be kept for at least 40 years from the date of the last entry. This reflects the very long latency period of asbestos-related diseases, which can take decades to develop.
Question 5: What is notifiable non-licensed work (NNLW) under CAR 2012?
- Work that does not need to follow any regulations
- Lower-risk asbestos work that must be notified to the HSE but does not require a licence (Correct answer)
- Any work done by volunteers
- Work on asbestos in domestic properties only
Correct answer: Lower-risk asbestos work that must be notified to the HSE but does not require a licence
NNLW is a category of asbestos work that is lower risk than licensed work but still requires notification to the HSE. Examples include removing asbestos cement sheets or textured decorative coatings. Workers must still be trained and medical surveillance is required.
Question 6: Under the duty to manage, what type of survey is typically required to locate asbestos in a building?
- A Google Street View search
- A management survey (and refurbishment/demolition survey before major works) (Correct answer)
- A financial audit
- A planning permission survey
Correct answer: A management survey (and refurbishment/demolition survey before major works)
A management survey identifies asbestos-containing materials in a building that could be disturbed during normal occupancy. A more intrusive refurbishment/demolition survey is required before any refurbishment or demolition work to find all asbestos, including hidden materials.
UKATA Legal Framework (CAR 2012) 2
Under CAR 2012, what must an employer provide to employees who may be exposed to asbestos?