The Control of Asbestos 2006 Regulation 4

This regulation creates a new legal duty to manage asbestos in non-domestic premises.

The duty holder is the person in the premises responsible for the building maintenance, a landlord, a facilities manager or a building manager etc.

Under the new regulation they MUST manage the risk from asbestos.

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Control of Asbestos Regulations 2006

The Control of Asbestos at Work Regulations 2002 (CAWR) introduced an explicit duty to manage asbestos in non-domestic premises. This was updated by the Control of Asbestos Regulations 2006.

This important legislation tackles the biggest occupational health killer in the UK – asbestos-related disease. Of the 3,500 people currently dying each year from such diseases 25% have once worked in the building and maintenance trades and often would have worked unknowingly on or near to asbestos containing materials (ACMs).

The requirements of the new duty seek to prevent further unknowing exposure to asbestos by building and maintenance workers with the aim of saving 5,000 lives over the next 100 years.

Duty requirements

The duty to manage requires those in control of premises 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 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 disturb them.

What premises are affected?

The new regulation covers all non-domestic premises, whatever type of business is carried out in them. It also covers the common areas of domestic premises, including halls, stair wells, lift shafts and roof spaces.

Who will be the dutyholder?

All those responsible for the maintenance and/or the repair of non-domestic premises have duties under this regulation. The extent of the legal duty is determined by the terms of any tenancy agreement or contract that applies, and in the absence of any such agreement, on the degree of control the party has over the premises.

The dutyholder may well be the landlord, tenant or a managing agent, depending on the circumstances of the case. In some situations, responsibility could be shared between two or more parties.

The regulation also includes a duty to cooperate, which applies widely. This will, for example, require a tenant to allow a landlord to gain access to a building to carry out a survey. Also a building surveyor or architect who had plans which show information on the whereabouts of asbestos would be expected to make these available to the dutyholder at a reasonable cost.

If you want to know more then call us now on 01582 707117 for a free consultation and a quote, or email us at enquiries@asbestos-answers.co.uk and we will get back to you.

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