The highly publicised recent amendment to the Control of Asbestos at Work Regulations 2002 resulted in a statutory requirement to routinely manage asbestos containing materials (ACMs) in non-domestic properties. It is predicted that the number of asbestos-related deaths will fall as a result of this legislation. The emphasis of the 'duty to manage' is to assess ACMs within buildings on a regular basis and implement measures to ensure that the risk of disturbance to these materials is appropriately minimised. While the current regulations are focused on improving conditions within the workplace, very little attention is currently focused upon the risks posed by asbestos material within soil.
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