Duty to manage asbestos: What you need to know

Asbestos is a hazardous material that was widely used in construction and other industries before its harmful effects became well-known. Even though asbestos has been banned in the UK since 1999, many older buildings still contain it, posing a risk to health if disturbed. To mitigate this risk, UK law places strict responsibilities on the “duty holder”—the person or organization responsible for managing asbestos in non-domestic premises.

In this blog, we will explore what it means to be an asbestos duty holder, the regulations surrounding asbestos management, and the steps that must be taken to ensure compliance with UK law.

What is Asbestos?

Asbestos is a group of naturally occurring minerals known for their strength, heat resistance, and insulating properties. It was commonly used in building materials like insulation, roofing, flooring, and fireproofing. However, asbestos fibres can become airborne when disturbed, and inhaling these fibres can cause serious health conditions, including:

• Asbestosis (scarring of the lungs)
• Mesothelioma (a form of cancer affecting the lining of the lungs or abdomen)
• Lung cancer

Due to these severe health risks, asbestos management remains a high priority in buildings where the material may still be present.

The Asbestos Duty Holder: Who is Responsible?

Under the Control of Asbestos Regulations 2012 (CAR 2012), the “duty to manage asbestos” falls to the duty holder. The duty holder is usually:

• The person or entity responsible for the maintenance or repair of non-domestic premises.
• The owner of the premises if they have control over the maintenance.
• In some cases, the responsibility may be shared between a landlord and tenant, depending on lease agreements.

For example, in a commercial building, the duty holder might be the property owner, the facilities manager, or the employer if they have control over the premises. In schools or public buildings, the local authority or school board may be the duty holder.

Legal Responsibilities of the Duty Holder

Being an asbestos duty holder means taking specific steps to ensure asbestos-containing materials (ACMs) are managed safely and that people are protected from exposure. The main legal obligations include:

1. Identifying Asbestos-Containing Materials (ACMs)

   • The duty holder must find out if asbestos is present in the building. This involves conducting an asbestos survey carried out by a competent professional.
   • The survey should identify the type, location, and condition of any asbestos in the building.

2. Assessing the Risk

   • Once asbestos is identified, the duty holder must assess the risk of exposure to asbestos fibres. This includes evaluating the likelihood of the material being disturbed, whether it poses an immediate risk, and the condition of the asbestos (e.g., whether it is damaged or intact).

3. Creating an Asbestos Management Plan

   • Based on the survey and risk assessment, the duty holder must prepare a written asbestos management plan. This plan outlines how the asbestos will be managed, monitored, and controlled to prevent exposure.
   • The management plan must include details such as:
     • The location and condition of the asbestos
     • Procedures for regular monitoring
     • Steps to minimize the risk of disturbing asbestos
     • A schedule for reviewing and updating the plan

4. Maintaining an Asbestos Register

   • The duty holder must maintain an asbestos register that lists all identified asbestos-containing materials, their location, and condition. This document must be kept up to date, especially if any changes occur (e.g., asbestos is removed, or new asbestos is found).

5. Informing and Training Relevant People

   • Anyone who may work with or disturb asbestos in the building—such as maintenance workers, contractors, or employees—must be informed of the presence of asbestos and given appropriate training on how to avoid disturbing it.
   • Asbestos awareness training is legally required for all workers who could come into contact with asbestos as part of their work, such as electricians, plumbers, and builders.

6. Regular Monitoring and Review

• The duty holder is responsible for monitoring the condition of asbestos regularly. This means conducting periodic inspections to check that asbestos remains undisturbed and does not pose a new risk.
• The asbestos management plan must also be reviewed regularly, especially after any major works or refurbishments.
  

  7. Preventing Exposure

  • The most important responsibility of the duty holder is to prevent asbestos exposure. If asbestos is in good condition and unlikely to be disturbed, it may be left in place with appropriate labelling and monitoring.
  • If asbestos is damaged or poses a high risk of disturbance, the duty holder must take action, such as:
    • Sealing or enclosing the asbestos to prevent fibre release
    • Safely removing the asbestos using a licensed contractor

Consequences of Non-Compliance

Failing to comply with asbestos management regulations can have severe consequences for both the duty holder and the individuals affected by asbestos exposure. Penalties include:

• Fines: Businesses and individuals found to be in breach of asbestos regulations can face substantial fines. The Health and Safety Executive (HSE) has the authority to issue penalties for non-compliance, with unlimited fines for the most serious breaches.
• Imprisonment: In extreme cases where negligence leads to exposure and harm, duty holders may face imprisonment.
• Legal Claims: If workers or members of the public are exposed to asbestos due to poor management, they may bring legal claims for compensation, which can result in costly litigation.
• Business Disruption: Failing to manage asbestos can lead to enforcement notices that may result in the closure of parts of a building or an entire site, causing significant business disruption and financial losses.

How to Ensure Compliance

To ensure compliance with asbestos regulations, duty holders should follow these best practices:

• Conduct a professional asbestos survey: This is the first step in identifying any risks associated with asbestos in your building.
• Work with licensed contractors: If asbestos needs to be removed or repaired, always hire contractors licensed by the HSE to ensure the work is done safely and in compliance with regulations.
• Keep detailed records: Make sure your asbestos management plan and register are up to date, and document any actions taken to manage asbestos.
• Train staff regularly: Ensure that all relevant personnel, including maintenance workers and contractors, receive asbestos awareness training.

Conclusion

Asbestos management is a critical aspect of health and safety in buildings that may contain this hazardous material. As a duty holder, it’s essential to understand and fulfil your legal responsibilities under the Control of Asbestos Regulations 2012. Regular inspections, risk assessments, and proper asbestos management planning are all necessary to protect workers, tenants, and visitors from the dangers of asbestos exposure.

By following these regulations and taking proactive steps to manage asbestos, you not only comply with the law but also safeguard the health and wellbeing of everyone who enters your premises.