Your Duty to Manage

In 2002, the Control at Work (CAW) Regulations introduced a 'duty to manage' asbestos in non-domestic premises. This 'duty to manage' came into force in May 2004 and compels all non-domestic property owners to investigate buildings for asbestos and manage any associated risks. This duty to manage has been reiterated by the Control of Asbestos Regulations (CAR) 2006 which came into force on 13th November 2006 and those who fail to comply will risk crippling fines and even imprisonment.

If you have the responsibility to maintain or repair non-domestic properties, the regulations require you to:

• take reasonable steps to determine the location 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 asbestos containing materials (ACMs) or presumed ACMs in the premises
• assess the risk of the likelihood of anyone being exposed to fibres from these materials and prepare a management 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