If you’re a landlord, business owner or safety official faced with a potential asbestos situation, you may be thinking “who’s responsible?”. When the Control of Asbestos Regulations 2012 came into effect, it caused some confusion amongst those who may be the ‘Duty Holder’ as is the case with most new regulations or laws.
In this guide, we outline what the Control of Asbestos Regulations is, who may be responsible and when this responsibility comes into effect.
Contents:
- What is the Control of Asbestos Regulations 2012?
- Who does the control of asbestos regulations apply to?
- What is involved with the management of asbestos?
- Employers and the Control of Asbestos Regulations 2012
What is the Control of Asbestos Regulations 2012?
The Health and Safety Executive (HSE) introduced the Control of Asbestos Regulations 2012 (CAR 2012) to the UK in April 2012. Its purpose was to help reduce the number of deaths caused by asbestos exposure and asbestos-related diseases – The HSE puts the number of asbestos-related deaths in the UK at around 5,000 each year.
The regulations, which supersede the Control of Asbestos at Work 2006 regulations, set out the framework for controlling exposure to asbestos and managing asbestos in buildings.
Who does the control of asbestos regulations apply to?
Throughout the Control of Asbestos Regulations 2012, it features the two main sorts of individuals who are subject to the legislation – ‘Duty Holders’ and ‘Employers’. Duty Holders and Employers frequently enlist the help of others to fulfil their tasks – safety officials, managers, maintenance personnel, and estate managers are just a few examples of Duty Holders.
Duty Holders and who the regulations apply to can also be classified if you…
- Own a commercial/non-domestic building
- Are responsible for a building through a contract or tenancy agreement
However, in some circumstances, It’s not always easy to work out who the Duty Holder is. Within a school or educational building, for example, it may be the headteacher, the local council, or even the chair of the governors. If you’re not 100% sure who the Duty Holder is for a building that is suspected to contain asbestos, you should contact a professional to seek advice and clarification.
What is involved with the management of asbestos?
The Control of Asbestos Regulations 2012 requires the Duty Holder of a non-domestic building to manage the risk of asbestos by:
- Finding out if there is asbestos in the premises (or assessing if ACMs are liable to be present and making a presumption that materials contain asbestos unless you have strong evidence that they do not), its location and what condition it is in;
- Making and keeping an up-to-date record of the location and condition of the ACMs or presumed ACMs in the premises;
- Assessing the risk from the material;
- Preparing a plan that sets out in detail how you are going to manage the risk from this material;
- Taking the steps needed to put your plan into action;
- Reviewing and monitoring your plan and the arrangements made to put it in place;
- Setting up a system for providing information on the location and condition of the material to anyone who is liable to work on or disturb it.
If an employee, visitor or anyone who has information on the whereabouts of asbestos in your premises is required to make this available to you as the Duty Holder, but you will need to assess its reliability by organising the completion of an asbestos survey.
Employers and the Control of Asbestos Regulations 2012
Employers must prevent, so far as is reasonably practicable, the exposure of asbestos to any employee and must make full and proper use of control measures provided to them (e.g. respiratory protective equipment (RPE)).
Get In Touch Today
