The Duty to Manage
If you are responsible for your business premises, it is your duty to manage the risk of any asbestos found there.
The duty to manage is directed at those who manage non-domestic premises: the people with responsibility for protecting others who work in such premises, or use them in other ways, from the risks to ill health that exposure to asbestos causes.
80 Twenty Projects can assist you with your legal obligations to manage the risks from asbestos.
Call 0800 043 8020 for assistance and common sense advice.
We provide the following services:
Asbestos Management Plans, Asbestos Inspection and Sampling services, Tender specification, Contractor Selection, and Project Management. We also provide a wide range of asbestos and health & safety training.
Asbestos Management Plans, Asbestos Inspection and Sampling services, Tender specification, Contractor Selection, and Project Management. We also provide a wide range of asbestos and health & safety training.
What is the Duty?
The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations 2006. 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; and
- provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.
- There is also a requirement on anyone to co-operate as far as is necessary to allow the dutyholder to comply with the above requirements.
What premises are affected?
The duty to manage covers all non-domestic premises.
Such premises include all industrial, commercial or public buildings such as factories, warehouses, offices, shops, hospitals and schools.
Non-domestic premises also include those 'common’ areas of certain domestic premises: purpose-built flats or houses converted into flats.
Such premises include all industrial, commercial or public buildings such as factories, warehouses, offices, shops, hospitals and schools.
Non-domestic premises also include those 'common’ areas of certain domestic premises: purpose-built flats or houses converted into flats.
It is a commonly misunderstood situation that completion of an asbestos survey is all that is required to comply with UK asbestos regulations and manage asbestos within non-domsestic premises. This is not correct!
A specialist asbestos survey alone, whilst undeniably useful, invariably does not necessarily provide all of the management feedback, localised recommendations and planning to properly manage your asbestos risks.
ARE YOU SURE YOU COMPLY?
What happens when things go wrong?
What's the worst that can happen if I don't comply with the law?
As well as potentially putting the health of your staff and customers at risk, YOU the duty holder will be liable for one or all of the following...
YOU having your premises closed
YOU receiving a Personal fine of up to £20,000
YOU being disqualified from being a Director
YOU being refused insurance cover
These might sound like extreme measures, but asbestos can be a very dangerous substance when not handled safely. Currently asbestos related diseases are killing 4,000 people each year in the UK as a result of exposure to it. This figure is set to rise to an estimated 10,000 per year in 2020.
Interestingly during mid 2007 the HSE has been gearing up to train a further 5000 site based inspectors to enforce the awareness campaign that is happening right now (late 2008/early 2009).
As well as potentially putting the health of your staff and customers at risk, YOU the duty holder will be liable for one or all of the following...
YOU having your premises closed
YOU receiving a Personal fine of up to £20,000
YOU being disqualified from being a Director
YOU being refused insurance cover
These might sound like extreme measures, but asbestos can be a very dangerous substance when not handled safely. Currently asbestos related diseases are killing 4,000 people each year in the UK as a result of exposure to it. This figure is set to rise to an estimated 10,000 per year in 2020.
Interestingly during mid 2007 the HSE has been gearing up to train a further 5000 site based inspectors to enforce the awareness campaign that is happening right now (late 2008/early 2009).
Health and Safety Executive warns: unlicensed stripping of asbestos will be penalised
09/04/2009 16:38
The Health and Safety Executive (HSE) is warning the building trade that companies or individual contractors removing asbestos without holding the necessary licences face prosecution.
This move follows the HSE prosecution of Roger Lee Lavender, the managing director of a company, Secal Laser Ltd, for the unlicensed removal of asbestos insulation boards from the company's Telford factory.....(more)
09/04/2009 16:38
The Health and Safety Executive (HSE) is warning the building trade that companies or individual contractors removing asbestos without holding the necessary licences face prosecution.
This move follows the HSE prosecution of Roger Lee Lavender, the managing director of a company, Secal Laser Ltd, for the unlicensed removal of asbestos insulation boards from the company's Telford factory.....(more)
QUICK LINKS
How do dutyholders comply?
There are three essential steps:
1 find out whether the premises contains asbestos, and, if so, where it is and what condition it is in. If in doubt, materials must be presumed to contain asbestos;
2 assess the risk; and
3 make a plan to manage that risk and act on it.
1 find out whether the premises contains asbestos, and, if so, where it is and what condition it is in. If in doubt, materials must be presumed to contain asbestos;
2 assess the risk; and
3 make a plan to manage that risk and act on it.
Six tips to remember
1 asbestos is only dangerous when disturbed.
2 don’t remove asbestos unnecessarily - removing it can be more dangerous than leaving it in place and managing it
3 not all asbestos materials present the same risk.
4 don’t assume you need to bring in a specialist in every case
5 if you are unsure about whether certain materials contain asbestos, you can presume they do
6 remember that the duty to manage is all about putting in place the practical steps necessary to protect maintenance workers and others from the risk of exposure to asbestos fibres. It is not about removing all asbestos.
2 don’t remove asbestos unnecessarily - removing it can be more dangerous than leaving it in place and managing it
3 not all asbestos materials present the same risk.
4 don’t assume you need to bring in a specialist in every case
5 if you are unsure about whether certain materials contain asbestos, you can presume they do
6 remember that the duty to manage is all about putting in place the practical steps necessary to protect maintenance workers and others from the risk of exposure to asbestos fibres. It is not about removing all asbestos.
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