GUIDANCE FOR THE DUTY HOLDER RESPONSIBLE FOR THE PREMISES:
Your Legal Responsibilities for Asbestos Management: The Control of Asbestos Regulations 2012 (CAR 2012) legally obligates duty holders to manage Asbestos Containing Materials (ACMs) in non-domestic buildings. A duty holder is anyone with maintenance or repair responsibilities for the premises.
Key Actions:
Identify and Document ACMs: A detailed inspection and/or review of premises records (ideally culminating in an Asbestos Register) must be conducted to locate ACMs. For standard use, a 'Management Survey' (defined in HSG 264) is typically required.
Create a Duty Holder Action Plan (DHAP): Develop, implement, and regularly review a Risk Management Plan for all ACMs.
Share Information: Provide known ACM details to anyone potentially at risk of disturbance during work activities.
Understanding Your Duty
For a comprehensive explanation of duty holder responsibilities, please consult Regulation 4 of CAR 2012. For practical guidance, refer to HSE publications HSG227 or L127.
Duty Holder Action Form
This form assists duty holders in reviewing on-site ACMs and documenting how they'll be safely managed within everyday operations and maintenance work. It requires organisational policies and procedures for asbestos risk management as support. Duty holders (or representatives) must validate the Priority Risk Assessment (PRA) and/or management actions within the form. Without this, they remain surveyor assumptions/recommendations.
Asbestos Audit Summary Frequent Monitoring: HSE recommends inspecting ACM condition every 6-12 months.
Regular Review: Update your risk action plan as needed, especially if conditions change that impact ACM risk levels.
Documentation: Maintain written records and notify anyone potentially at risk from ACM disturbance.
Construction Work:
While non-domestic buildings and shared areas in some domestic buildings require ongoing asbestos management, the rules shift when construction work begins. Regardless of the building type, here's what you need to know:
Construction Work = Asbestos Survey
Any building constructed before the year 2000 MUST undergo a refurbishment and demolition asbestos survey before construction starts.
This applies to:
Commercial Buildings: Offices, shops, factories, etc.
Residential Properties: Houses, apartments, flats, etc.
Why the Strict Rule?
Asbestos poses its greatest danger when disturbed. Construction work inevitably disturbs building materials, releasing potentially deadly asbestos fibres. This risk exists in ANY pre-2000 building, even private homes that transform into worksites during construction.
Protecting Workers and Occupants
A refurbishment and demolition asbestos survey is crucial. It pinpoints hidden asbestos hazards, ensuring that work proceeds safely and harmful materials are removed before construction begins.
