Duty to Manage, A Summary

Regulation 4 requires dutyholders to:

take reasonable steps to determine the location, amount and 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 ACMs or presumed ACMs in the premises;
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; and
provide information on the location and condition of the materials to anyone who is liable to work on or may disturb them i.e. maintenance workers and teachers It needs to be emphasised that the regulation does not require the automatic removal of ACMs. If the material is in good condition and will not be disturbed then it does not pose a health risk and it is usually safer to leave it in place and manage it. If the material is damaged or is likely to be disturbed and it cannot be repaired or protected, it should be removed.
Anybody undertaking any sort of work on ACM’s must be competent, adequately trained and use safe working methods. Licensed contractors must be used for most work with asbestos insulation, asbestos insulating board and asbestos coatings. Asbestos waste, whether in small or large amounts, is subject to the Hazardous Waste Regulations 2005.1

A new Approved Code of Practice (ACoP) has been produced to support regulation 4 of CAR. The management of asbestos in non-domestic premises L127 gives advice on how to comply with the new legal requirements and explains the duties of building owners, tenants and anyone else with legal responsibilities for non-domestic premises. It highlights the flexibility of the new regulations to cover a range of situations and to allow a proportionate approach to be taken to managing the risks from asbestos. For example, it stresses that asbestos in good condition, which is unlikely to be disturbed, should be left in place and managed.

Regulation 4 of the Control of Asbestos Regulations 2006, Approved Code of Practice and guidance L127

HSE Guidance

Further guidance on asbestos can be found at http://www.hse.gov.uk/asbestos. A number of free information leaflets can be downloaded from the HSE website.

Priced publications

The Management of Asbestos in Non Domestic Premises, Approved Code of Practice, L127.

A Comprehensive Guide to Managing Asbestos in Premises. HSG 227.

The above can be obtained from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA.

Tel 01787 881 165. Web site www.hsebooks.co.uk.

Information Document HSE 265/48 (Part 1) Inadvertent exposure to asbestos: advice for employers and (Part 2) advice for employees can be downloaded from the HSE website

http://www.hse.gov.uk/foi/internalops/fod/oc/200-299/265_48.pdf