Duty to manage
Carrying out an asbestos survey is the first step required to help manage the asbestos in the dutyholders premises. The survey has to provide sufficient information for: an asbestos register and plan to be prepared, a suitable risk assessment to be carried out and a written plan to manage the risks produced.
The ‘duty to manage’ of Regulation 4, Control of Asbestos (CAR) 2012 applies to all non-domestic properties built or refurbished before 2000. These requirements do not normally apply to domestic premises, however, the requirements do apply to the common parts of premises, including housing developments and blocks of flats.
The Health and Safety at Work Act 1974 details requirements for organisations such as local authorities, housing associations, social housing management companies and others who own, or are responsible for, domestic properties to ensure the health and safety of their staff and others. This includes, under the general requirements of CAR 2012 to identify asbestos, carry out a risk assessment of work liable to expose employees to asbestos and prepare a suitable written plan of work.
Please click one of the following statements for information on why should survey your building(s)…
Who is the dutyholder? what is the dutyholder? The Control Of Asbestos Regulations 2012 states that you have a ‘duty to manage’ and are the dutyholder if:
- you own the building;
- you are responsible through a contract or tenancy agreement;
- you have control of the building but no formal contract or agreement; or
- in a multi-occupancy building, you are the owner and have taken responsibility for maintenance and repairs for the whole building
The dutyholder must firstly identify any ACM’s within the premises they manage/own and secondly they must manage the risk of any ACM’s found in order to comply with his/her ‘duty to manage’.