Your Duty to Manage Asbestos
The Control of Asbestos Regulations 2006 is the update of the Control of Asbestos Regulations 2002. Included is Regulation 4, which is the "Duty to Manage in Non-Domestic Premises". This is an explicit duty expressed by the HSE.
Under Regulation 4 the "Dutyholder" is required to:
- Take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in.
- Presume materials contain asbestos unless there is strong evidence that they do not.
- Make, and keep up-to-date, a record of the location and condition of the asbestos containing materials, which are presumed to contain asbestos.
- Assess the risk of anyone being exposed to fibres from the materials identified.
- Prepare a plan that sets out in detail how the risks from these materials will be managed.
- Take the necessary steps to put the plan into action.
- Periodically review and monitor the plan and the arrangements to act on it so the plan remains relevant and up-to-date.
- Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.
- There is also a requirement on anyone to co-operate as far as necessary to allow the Dutyholder to comply with the above requirements.