Who is responsible for asbestos safety in buildings?

Anyone with responsibility for a building containing asbestos has a 'duty to manage' the asbestos, under the Control of Asbestos at Work Regulations 2002 (CAWR). These Regulations took effect in November 2002. They introduce an explicit duty on anyone who has responsibility to maintain or repair non-domestic premises to manage the asbestos there safely. This person is called the “duty-holder”.

Regulation 4 of the CAWR regulations takes effect from May 2004. By then, any duty holder is required under the regulations to:

• Take responsible steps to find asbestos-containing materials in the premises.
• Check the condition of materials likely to contain asbestos.
• Presume materials contain asbestos unless there is strong evidence that they do not.
• Make and keep an up to date record of the location and condition of the asbestos-containing materials.
• Assess the risk of the likelihood of anyone being exposed to fibres from these 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 them.

In support of the this new duty to manage asbestos, the Health and Safety Executive (HSE) published an Approved Code of Practice, The management of asbestos in non-domestic premises, together with other guidance.

• The regulations do not cover domestic premises. Nevertheless, your employer has a duty to carry out a risk assessment that takes into account exposure to asbestos