The Duty to Manage
‘The duty to manage is directed at those who manage non-domestic
premises: the people with responsibility for protecting others who work
in such premises, or use them in other ways, from the risks to
ill-health that exposure to asbestos causes’.
In many cases, the duty holder is the person or organisation that has
clear responsibility for the maintenance or repair of non-domestic
premises through an explicit agreement such as a tenancy agreement or
The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations 2006 (as amended).
It requires the person who has the duty (i.e. the “duty holder”) to:
reasonable steps to find out if there are materials containing asbestos
in non-domestic premises, and if so, its amount, where it is and what
condition it is in
• Presume materials contain asbestos unless there is strong evidence that they do not
and keep up-to-date, a record of the location and condition of the
asbestos containing materials – or materials which are presumed to
• Assess the risk of anyone being exposed to fibres from
the materials identified
• Prepare a plan that sets out in detail how the risks from these materials will be managed
• Take the necessary steps to put the plan into action
• Periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date
• Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.
There is also a requirement on anyone to co-operate as far as is
necessary to allow the duty holder to comply with the above