What the regulations say

The Control of Asbestos Regulations (CAR) 2006, Regulation 4 (The Management of Asbestos in Non-Domestic Premises) places legal responsibilities on dutyholders regarding the management of Asbestos Containing Materials (ACM).The dutyholder is usually the Owner, Occupier, or Managing Agent of non-domestic premises or workplaces.

In simple terms this means that owners, employers and managers of non-domestic properties, (this also includes managed residential premises), will be required to assess and where relevant have in place a managed asbestos survey, whether work on the premises is planned or not. Absolutely every commercial property in the UK should have an asbestos survey carried out; have a report on the findings of the survey; and those responsible (the duty-holder/s) taken measures to manage any materials on the premises found to contain asbestos by keeping an up-to-date asbestos register. Failure to do so could result in prosecution by the Health and Safety Executive. If you don’t manage Asbestos in your premises, you could be putting your employees’ and other peoples’ health at risk, which could result in.

• H.S.E Inspectors have the power to issue prohibition notices closing areas or entire sites.
• Companies can be fined an unlimited amount and individuals £20,000
• Responsible individuals can be imprisoned for up to 2 years.
• Directors can be disqualified.
• Unlimited compensation claims for asbestos related diseases.
• Regulation 4 of the Control of Asbestos at Work Regulations is a duty to manage, not a duty to survey.

Managing Asbestos means maintaining your (ACMs) in good condition to protect two groups of people:- those who work on the fabric of the building e.g. electricians, plumbers etc; and- those who work in the building (e.g. plant and office workers, cleaners etc) who may come into contact or work near damaged or deteriorated ACMs.

Damaged or deteriorated ACMs should be repaired, removed or isolated until remedial action can be taken.