Independent Asbestos Surveys and Management

CAR 2012 - Background to the Legislation

The Control of Asbestos Regulations 2012 include duties to protect those who come into contact with asbestos unknowingly or accidentally, such as maintenance workers who are often not aware that they are working on materials containing asbestos. The latest regulations were designed to compliment the amendments made to three other related pieces of legislation; 1998 Amendment of the Control of Asbestos at Work Regulations, 1998 Amendment to the Asbestos (Licensing) Regulations and 1999 Asbestos (Prohibitions) Regulations, The Control of Asbestos at Work Regulations 2002 and The Control of Asbestos Regulations 2006

Regulation 4 within CAR 2012 includes a specific duty to manage the risk posed by asbestos containing materials, (ACMs), in non-domestic premises, but also includes the common areas of residential property. The definition of the duty holder as explained in the statutory instrument available from HMSO, (Her Majesty’s Stationary Office), is as follows:

“every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress therefrom;”

In brief the dutyholder is required to:

• Assess whether the premises contains asbestos

• Assess the risk from the asbestos

• Take action to minimise the risk of exposure to asbestos fibres

There is an additional duty on all those involved to “co-operate with the duty holder so far as is necessary to enable the duty holder to comply with his duties under this regulation.”

These duties are underpinned by a new Approved Code of Practice ‘The management of asbestos in non-domestic premises’ (L127) which backs up the Regulation and provides guidance to duty holders. There are also separate guidance documents on the new duty to manage ‘A short guide to managing asbestos in premises’ (INDG223) which gives basic advice and ‘A comprehensive guide to managing asbestos in premises’ (HSG227) which explains the full management process.