Asbestos Regulations
Your legal obligations under the Control of Asbestos Regulations 2012 and related legislation.
Legal Framework
Who Does the Law Apply To?
Asbestos regulations apply across a range of roles and premises types. Find your situation below to understand your obligations.
Non-Domestic Premises
If you are responsible for, manage or own a non-domestic premises, under The Control of Asbestos Regulations 2012, you have a responsibility for protecting others who work in, or use such premises, from the risks to ill health that exposure to asbestos causes.
The regulation covers all non-domestic premises, including industrial, commercial and public buildings such as factories, warehouses, offices, shops, hospitals and schools. Also included are the communal areas of domestic premises � foyers, corridors, lifts, staircases, roof spaces, gardens, yards, outhouses and garages.
Employers & Self Employed
The Health & Safety at Work Act 1974 requires employers and the self-employed to ensure that employees will not be exposed to health and safety risks, and to provide information to other people about their workplace which might affect their health and safety.
The Management of Health and Safety at Work Regulations 1999 also requires employers and the self-employed to make an assessment of the risks to health and safety of themselves, their employees and visitors, and to make appropriate arrangements to protect them.
Private Dwellings
Just as you would commission a Building or Structural Survey before making an offer, it is also wise to have an Asbestos Survey carried out to highlight any asbestos-related issues which may be costly to resolve.
You may want a survey for your own peace of mind, particularly if your house was built between 1950 and 1985. On a number of occasions we have surveyed houses where there had been no suspected asbestos issues and found asbestos insulating board surrounding service cupboards � if found unsealed and in poor condition this poses a high risk.
Construction Work
The Construction (Design and Management) Regulations 2007 require arrangements to be put in place to deal with asbestos during construction work.
The regulations also require that CDM clients must provide information regarding the whereabouts of asbestos to designers and contractors who are bidding for work.
Landlords
The Landlord and Tenant Act 1985 places a duty on landlords to ensure that their property is fit for habitation, by not exposing tenants to harmful pollutants that could damage their health.
Not Sure Where You Stand?
If you are unsure of your responsibilities and the legal requirements that apply to you, give us a call and we will happily discuss your needs.
Control of Asbestos Regulations 2012
Regulation 4 � Dutyholder Requirements
Regulation 4 of the Control of Asbestos Regulations 2012 requires dutyholders to:
Take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, how much, where it is and what condition it is in
Assume materials contain asbestos unless there is strong evidence that they do not
Make and maintain 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
Need to Fulfil Your Obligations?
A professional asbestos survey is the first step to meeting your legal requirements. Get a clear quotation with no obligation.