Your Duty To Manage Asbestos

The duty to manage asbestos is a critical legal requirement introduced under the Control of Asbestos Regulations 2006, evolving from the Control of Asbestos at Work Regulations 2002. Regulation 4 explicitly places the responsibility on dutyholders to manage asbestos-containing materials (ACMs) in premises effectively.

Who Has the Duty to Manage Asbestos?

The dutyholder is defined as the person or organisation with clear responsibility for a building’s maintenance or repair. This could be:

• The building owner
• The landlord for the premises
• Any individual or organisation with maintenance responsibilities

The duty exists to protect everyone who works in or uses the building, as well as contracted workers or emergency services who may disturb ACMs.

What Does the Duty Cover?

The duty to manage asbestos applies to:

• All non-domestic premises, such as factories, offices, or shops
• ‘Common parts’ of multi-occupancy residential premises, like purpose-built flats

Key Responsibilities Under the Duty:

• Find out if there is asbestos in the premises, amount, type and condition etc.
• Presume materials contain asbestos unless there is strong evidence to prove otherwise.
• Collate and keep an up to date record of the location and condition of the Asbestos Containing Materials or presumed Asbestos Containing Materials in the premises.
• Assess the risk from the materials
• Prepare a plan setting out how the risks from the materials are to be managed
• Take the necessary steps to put the plan into action.
• Review and monitor the plan periodically.
• Provide information on the location and condition of the materials to anyone who is liable to work on or disturb the asbestos.

Why Is This Important?

Effective asbestos management minimises risks, ensuring ACMs can remain safely in place for many years. Without action, the consequences are severe:

• HSE Inspectors can issue prohibition notices, closing areas or entire sites.
• Companies may face unlimited fines, and individuals can be fined up to £20,000.
• Responsible parties may be imprisoned for up to 2 years, and directors can face disqualification.

In simple terms this means that owners, employers and managers of non-domestic properties, (this also includes managed residential premises), will be required to assess and where relevant have in place a managed asbestos survey, whether work on the premises is planned or not.

This new regulation will enable contracted workers on site to assess correctly the nature of a material before work is carried out, thus eliminating the risk of uncontrolled damage to Asbestos Containing Materials.

The importance of Asbestos Management will greatly affect non-domestic property owners and employers. The HSE state, If properly controlled and maintained there is no reason why Asbestos Containing Materials cannot remain in use for many years.

Protecting Lives and Businesses

By complying with the asbestos duty to manage, dutyholders safeguard the health of building occupants, contractors, and emergency responders, while avoiding legal penalties.

For detailed guidance, refer to the Approved Code of Practice: Managing and Working with Asbestos.

Consequences of not taking action

• H.S.E Inspectors have the power to issue prohibition notices closing areas or entire sites.
• Companies can be fined an unlimited amount and individuals £20,000
• Responsible individuals can be imprisoned for up to 2 years.
• Directors can be disqualified.