Control of Asbestos at Work Regulations 2002
Regulation 4 - duty to manage

The new Control of Asbestos at work regs are long, difficult to interpret and will be subject to legal precedence, but in essence, the law requires DUTY HOLDERS to manage Asbestos.

If you own non-domestic property or lease non-domestic property and are responsible for the maintenance, you are deemed to be a duty holder under the new regulations - this includes unoccupied premises and communal areas of domestic premises (shared stairs, loft spaces etc.).

Previous laws (H+S at work act, CAW Regs 87, as amended etc) assumed that duty holders knew where Asbestos containing materials (ACM's) were located and carrying our preventative action. The new law breaks this 'chain', in that the new duty requires duty holders to search for Asbestos.

Main requirements of a duty holder under the new regulations.

1. Take reasonable steps to determine the location and condition of materials likely to contain Asbestos.

2. Presume that materials contain Asbestos if there is no strong evidence that they do not.

3. Record the locations and conditions of Asbestos in premises.

4. Risk assess the ACM's

5. Prepare and implement a plan to manage the Asbestos.

6. Passing on information about ACM's to those who need it (maintenance workers etc.)

7. Monitor and review the arrangements to be in place including keeping a check on the condition of Asbestos and presumed Asbestos containing materials.