Duty to Manage Asbestos: The Control of Asbestos Regulations 2012

By Sophie Mace 10 Oct 2022 08:36

 

What is the Control of Asbestos Regulations 2012?

The Health and Safety Executive (HSE) introduced the Control of Asbestos Regulations 2012 on 6^th April 2012. It provides a framework for the management of asbestos/asbestos-containing materials (ACMs) and for controlling exposure to asbestos and managing asbestos in buildings.

Who does the Control of Asbestos Regulations apply to?

The duty to manage asbestos is directed at those who manage or are responsible for maintenance and repairs in a non-domestic building. You classify as a ‘duty holder’ if you:

• Own the building
• Are responsible through a contract or tenancy agreement
• Have control of the building but no formal contract or agreement; or
• In a multi-occupancy building, you are the owner and have taken responsibility for maintenance and repairs for the whole building. However, in a multi-occupied building, the duty can also be shared. The owner might take responsibility for the common parts while the leaseholders take responsibility for the parts they occupy, for example

What type of premises do the regulations apply to?

The Control of Asbestos Regulations 2012 applies to all non-domestic premises regardless of the nature of business or industry. This includes all industrial, commercial, and public buildings such as hospitals and schools as well as offices, factories, and shops.

The regulations also apply to ‘common’ areas of certain domestic premises, such as a block of flats. This includes the lifts, foyers, staircases, gardens, and so on, but not the individual flats themselves.

What does the Duty to Manage Asbestos involve?

The Control of Asbestos Regulations 2012 requires the duty holder to manage the risk of asbestos by:

• Taking appropriate steps to determine if there are any asbestos-containing materials (ACMs) present. If any is found, the amount, location, and condition need to be recorded
• Presuming that materials contain asbestos unless there is strong evidence to indicate otherwise
• Producing and maintaining up-to-date records of the location and condition of all ACMs.
• Assessing the risk of the identified materials
• Preparing a plan that sets out in detail how the risks will be managed.
• Taking the necessary steps to put the plan into action
• Reviewing and monitoring the plan and arrangements to act on it so that it remains relevant and up to date.
• Providing information on the location and condition of the ACMs to anyone who is liable to work on or disturb them

Why has the Duty to Manage Asbestos been put in place?

The purpose of these regulations is to protect those people who may be unknowingly exposed to asbestos fibres during their day-to-day work, such as plumbers, electricians, and decorators. The regulations seek to ensure that the presence of asbestos is not only determined, but also located, recorded, and managed as it allows those who encounter it to be informed and take suitable precautions.

Arranging for an asbestos survey to be carried out by a competent surveyor is the only way to confirm whether the materials in your premises contain the fibrous mineral. Any suspected materials will be sampled and tested to establish just how much asbestos it contains as well as understand the risk it currently poses.

 

Asbestos Surveys at DMD Environmental

If you would like to arrange an asbestos survey or asbestos removal to be undertaken at your premises, please get in touch with our experienced asbestos team on 01603 487777 or via our contact us page and we can provide a free quote.