“Asbestos is the single greatest cause of work-related deaths in the UK ” - Health and Safety Executive.

What is the duty?

The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations (CAR) 2012. It requires the person who has the duty (ie the 'dutyholder') to:

  • Take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in
  • Presume materials contain asbestos unless there is strong evidence that they do not
  • Make, and keep up-to-date, a record of the location and condition of the asbestos- containing materials - or materials which are presumed to contain asbestos
  • Assess the risk of anyone being exposed to fibres from the materials identified
  • Prepare a plan that sets out in detail how the risks from these materials will be managed
  • Take the necessary steps to put the plan into action
  • Periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date
  • Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them

Who has the duty?

The dutyholder is the owner of the non-domestic premises or the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises.

What premises are affected?

The duty to manage covers all non-domestic premises. Such premises include all industrial, commercial and public buildings such as factories, warehouses, offices, shops, hospitals and schools.

Non-domestic premises also include those 'common' areas of certain domestic premises, such as purpose-built flats or houses converted into flats. The common areas of these premises include foyers, corridors, lifts and lift-shafts, staircases, roof spaces, gardens, yards, outhouses and garages - but would not include the individual flats themselves. Common areas do not include rooms within a private residence that are shared by more than one household, such as bathrooms, kitchens etc. in shared houses and communal dining rooms and lounges in sheltered accommodation.

Five Steps to Asbestos Compliane

1. Review your documentation, so you get to finally understand exactly where you currently are at with asbestos management.

2. Indentify your asbestos containing materials with an asbestos management survey, you get to see the exact results and the asbestos risks facing your business.

3. Control the risks. Look at what you're already doing, and the controls you already have in place. Ask yourself:

  • Can I get rid of asbestos materials altogether?
  • If not, how can I control the risks so that exposure is unlikely?
  • What further action can I take to control the risks?
  • Do I need an asbestos management plan?
  • Who needs to be aware of my asbestos materials?

4. Education and knowledge is key.  Relevant asbestos training such as awareness or duty to manage should be rolled out to everyone and this again reduces your risk and exposure.

5. Carry out periodic reviews, re-inspections and check-ups. Decide what you will do, write it down (management plan). This is where you can finally prove everything is working and the weight can be finally lifted off of your shoulders.

What can we do for the Duty Holder:

OK, I'm interested what do I do next?

For more information on the Duty to Manage Asbestos services we provide, please email This email address is being protected from spambots. You need JavaScript enabled to view it. or use the Contact Us box below.

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