Control of asbestos—duty to manage

The following Environment practice note provides comprehensive and up to date legal information covering:

  • Control of asbestos—duty to manage
  • What is the duty to manage?
  • What are non-domestic premises?
  • Who is the dutyholder?
  • Duty to co-operate
  • Who pays?
  • Developments

Control of asbestos—duty to manage

The Control of Asbestos Regulations 2012 (CAR 2012) place various duties on employers to protect employees from risks related to exposure to asbestos and make it clear that these duties, so far as is reasonably practicable, are also owed to any other person, whether at work or not, who may be affected by the work activity undertaken by the employer.

These ‘employer’ duties include:

  1. protecting employees from exposure to asbestos (regs 5 and 11)

  2. preventing or reducing the spread of asbestos (reg 16)

  3. maintaining health records and providing medical surveillance for employees exposed to asbestos (reg 22)

CAR 2012 also applies to the self-employed, applying the duties of both employer and employee.

CAR 2012, reg 4 imposes a separate ‘duty to manage’ obligation on ‘dutyholders’ of non-domestic premises and the common parts of domestic premises.

Regulation 4 requires dutyholders to identify the location and condition of asbestos and to manage the risk to prevent harm to anyone who works on the building or to building occupants. It also explains what is required of people who have a duty to ‘co-operate’ with the main dutyholder to enable them to comply with the regulation.

The Health and Safety Executive (HSE) has power to enforce CAR 2012 and to impose sanctions on dutyholders who do not comply. The local authority or Office of Rail Regulation are also enforcing

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