Duty To Manage
What do I have to do as the dutyholder?
Even if you employ a specialist to carry out surveys or other services, you will have to assess the potential ongoing risk. Only you will know how the premises are used and what disturbance is likely to occur so it is essential you know what to do.
Your asbestos management plan:
- Find out if there is asbestos on the premises; where it is, how much there is and what condition it is in. See OUR SOLUTIONS for the types of survey available.
- Make, and keep up to date, a record of all asbestos containing materials
- (ACMs) in the building.
- Assess the risks.
- Write a plan to manage the risk from the materials in the building.
- Take the steps to put the plan into action.
- Review and monitor your plan regularly.
- Ensure anyone who is liable to disturb the material is fully aware of its location and condition.
Legislation
The Control of Asbestos Act (2006):
Regulation 4 of the act outlines the responsibilities for identifying, monitoring and controlling asbestos.
All non-domestic buildings are covered, no matter what they are used for. And common areas of HMOs (houses of multiple occupation) such as care homes, student accommodation, hostels and residential properties, such as halls, corridors, stairwells and roof spaces are included under this legislation.
You are the dutyholder if you:
- Own the building
- Your responsibility for a building comes through a contract or tenancy agreement
- You have control of the building, even if there is no formal contract
- You own a building with multiple occupancy, or are responsible for maintenance and repairs
Your duty is to protect yourself and others against exposure to asbestos fibres and managing it. Removal is not always the safest policy and may be unnecessary and costly.
If you are not sure if you are the ‘dutyholder’ or if your premises are affected by the law, contact us for advice.