Guidance on the Duty to Manage Asbestos
5 min read
Asbestos is an incredibly dangerous substance that can cause serious harm. Far from being a problem of the past, asbestos is still present in many buildings built or refurbished before 2000. Asbestos fibres cannot be seen, smelt or felt however when inhaled these fibres can cause serious incurable diseases such as mesothelioma. As such, the duty to manage asbestos and protect people from risk of exposure is not something that should be taken lightly. In this article we will outline what the duty to manage asbestos is and offer guidance on how you can uphold this duty.
What is the Duty to Manage Asbestos?
The duty to manage asbestos refers to the legal responsibility to manage asbestos in a building. The person who has this legal responsibility is known as the dutyholder and could be the building owner, a landlord for the premises or a person or organisation with clear responsibility for the building’s maintenance or repair. The dutyholder must protect people from the risks of exposure to asbestos. This includes people who work in the building or use the premises in other ways.
The legal duty to manage asbestos is enshrined in the Control of Asbestos Regulations 2012. These regulations will be explored in more detail later in the article.
When was the Duty to Manage Asbestos First Introduced?
The duty to manage asbestos was first introduced in the Control of Asbestos at Work Regulations 2002 which became law in May 2004. Whilst the use of asbestos was already illegal by the time the regulations were introduced, legislation up to that point didn’t necessarily address the issue of asbestos that was already present. As mentioned, asbestos can cause serious diseases such as mesothelioma, asbestosis and asbestos-related lung cancer. These diseases will not affect an individual immediately and often take a long time to develop. As such, asbestos that is still present from when its use was legal still poses significant risk.
The damaging impact of asbestos is well documented and the first reported medical case of an asbestos related death occurred in 1924 when 33 year old Nellie Kershaw died from asbestos exposure. The Control of Asbestos at Work Regulations 2002 updated many preceding regulations intended to manage asbestos and introduced an explicit duty to manage asbestos in all non domestic premises. The 2002 regulations can be seen as the culmination of years of advocacy with the goal to protect workers from the harm of exposure.
It should be noted that although the regulations refer to non-domestic premises, if a contractor is undertaking work in a domestic setting the same regulations apply.
Control of Asbestos Regulations 2012
The main regulation pertaining to managing asbestos is the Control of Asbestos Regulations 2012. The regulations set out a business’ legal duties to manage asbestos as well as the minimum standards for protecting employees from the risk of asbestos exposure. Regulation 4 mandates the duty to manage asbestos in non domestic premises and requires dutyholders to:
- assess if there is asbestos-containing materials (ACMs) present, the amount, where they are and their condition
- presume materials contain asbestos unless there is strong evidence that they do not
- make and maintain a record or register of the location and condition of any ACMs or presumed ACMs
- assess the risk of anyone being exposed to airborne fibres from the ACMs
- write an asbestos management plan to manage the risk, put the plan into action, monitor it and review it every 12 months or sooner if necessary
- monitor the condition of any ACMs or suspected ACMs
- provide information on the location and condition of the ACMs to anyone who may work on or disturb them, including the emergency services
Duty to Manage Asbestos Online Course
The duty to manage asbestos is a serious legal responsibility and failure to comply with the regulations is a criminal offence. Failure to comply can result in hefty fines or even imprisonment.
Asbestos regulations are enforced by the Health Safety Executive (HSE), Local Authorities (LAs) and the Office of Rail and Road (ORR). The HSE will investigate incidents where dutyholders fail to manage the risks and take appropriate enforcement action. LAs are the primary enforcing authority in retail, wholesale distribution, warehousing, hotel and catering premises, offices and the consumer and leisure industries. The ORR is responsible for railway stations, depots and other rail premises.
Thorough and comprehensive training is integral to effective management of asbestos as it can be a complex process that requires a strong understanding of one’s legal responsibilities. High Speed Training’s Duty to Manage Asbestos (D413) course provides the essential knowledge to uphold your legal obligations as a dutyholder, teaching you about the potential risks associated with managing asbestos and guiding you through the entire management process.
Our Duty to Manage Asbestos (D413) course is made in partnership with, and endorsed by, the British Occupational Hygiene Society (BOHS) and accredited by CPD. By taking this course, you will ensure that you have the knowledge needed to effectively manage asbestos in your premises, and that you can develop, implement and maintain the necessary systems and procedures to protect people from the risks associated with asbestos exposure.
Managing asbestos is essential to ensuring that workers are kept safe. Dutyholders have a legal responsibility to ensure that those with the potential to be exposed to asbestos are protected. In-depth training can help dutyholders to maintain this responsibility, remaining legally compliant and keeping individuals safe from undue harm.
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