Duty to Manage Asbestos

A new duty to manage asbestos was added to the Control of Asbestos at Work Regulations and enforcement began in May 2004. It applies to you as dutyholder if you have maintenance and repair responsibilities for non-domestic premises either through contract or tenancy agreement, or because you own the premises.

To find out if you are compliant take our online Asbestos Compliance Test.

The duty to manage requires those in control of premises to:

1. take reasonable steps to determine the location and condition of materials likely to contain asbestos
2. presume materials contain asbestos unless there is strong evidence that they do not
3. make and keep an up to date record of the location and condition of the ACMs or presumed ACMs in the premises
4. assess the risk of the likelihood of anyone being exposed to fibres from these materials
5. prepare a plan setting out how the risks from the materials are to be managed
6. take the necessary steps to put the plan into action
7. review and monitor the plan periodically
8. Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.

The HSE estimates that 60 per cent of dutyholders are aware of their responsibilities, but the remaining 40 per cent remain ignorant of the law and at risk of prosecution.

The key elements of compliance are the Management Plan which is required by the regulation, the asbestos register which records the location and condition of asbestos as identified during an asbestos survey or a thorough inspection of the premises, and the survey itself - not legally required in many cases.

For full details of the Control of Asbestos Regulations 2006 and associated guidance click here.

If you are concerned about your asbestos register, and not sure if you comply with the current legislation, visit our surveys and compliance check sections .

The purpose of the legislation is to protect people at work from exposure to asbestos, both those employed by your organisation directly and contractors who come in to supply maintenance or other services. Asbestos Awareness Training for staff is available, for further information please see our Contact Us page to send an enquiry or alternatively please call us.

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