Legal requirements

The duty to manage asbestos in non-domestic premises

Asbestos, a category 1 human carcinogen, is subject to a specific set of

regulations, CAR 2012. These regulations cover work with asbestos, prohibitions on the importation, supply and use of asbestos, and licensing of asbestos-removal activities.

Regulation 4 ‘The Duty to Manage’ from the Control of Asbestos Regulations 2012, places an explicit duty on the owners and occupiers of non-domestic premises, who have maintenance and repair responsibilities, to assess and manage the risks from the presence of asbestos.

Since 21st May 2004, legislation placed a mandatory requirement on the Duty Holder to have in place  an Asbestos Management Plan, which basically required them to undertake a survey non domestic premises generally referred to as a Type 1, Type 2 or Type 3 Asbestos Survey.

In principal the asbestos survey and associated assessments are  used to produce an  asbestos management plan which details and records what actions to take to manage and reduce the risks from asbestos.

The requirements placed on ‘Duty Holders’, require them to:-

• take reasonable steps to determine the location of materials likely to contain asbestos;
• presume materials to contain asbestos, unless there are good reasons not to do so;
• make and maintain a written record of the location of the ACMs and presumed ACMs;
• assess and monitor the condition of ACMs and presumed ACMs;
• assess the risk of exposure from ACMs and presumed ACMs and prepare a written plan of  the actions and measures necessary to manage  the risk (ie the management plan’); and
• take steps to see that these actions are carried out.

There were some fundamental changes that came into effect on 29th January 2010 with the release of HSG 264; ‘Asbestos: The Survey Guide’ which replaced MDHS 100 with immediate effect and the replacing of the 3 previous type of surveys with a choice of 2, ‘Management Survey’ or ‘Refurbishment / Demolition Survey.

Asbestos Surveys of premises already carried out in the previous format  (ie.Type 2 Survey) will not require to be re inspected in the new style or indeed re written, however as part of having in place an asbestos management plan, periodic inspection is required and will most certainly require updating at this time.

The term ‘premises’ has a specific definition under health and safety legislation and includes vehicles, vessels, aircraft, installations on land and offshore, tents and moveable structures.

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