23 Nov Responsible for a Building? Your Duty to Manage
Responsible for a Building? Your Duty to Manage
Anyone with responsibilities for a building containing asbestos has a ‘Duty to manage’ regulatory requirement under the Control of Asbestos Regulations 2012 (Regulation 4) the approved Code of Practice (ACOP). Applying to owners and occupiers of commercial premises (such as shops, offices, industrial units etc) who have responsibility for maintenance and repair activities. In addition to these responsibilities, they also have a duty to assess the presence and condition of any asbestos-containing materials. If asbestos is present, or is presumed to be present, then it must be managed appropriately. The duty also applies to the shared parts of some domestic premises.
An Asbestos survey will define the next steps to be taken. Contact us today to arrange a site survey
Under Regulation 4 of the CAR, any duty holder is required to take particular steps to comply with the law. They must:
- ensure a suitable and sufficient risk assessment is carried out to check for the presence of asbestos;
- check the condition of materials likely to contain asbestos;
- take account of building plans and any other relevant information, including the age of the building;
- inspect the workplace to find out whether asbestos is present;
- where the assessment shows that asbestos is at risk of being present, assess the risks it presents;
- prepare a written plan identifying where asbestos is at risk of being present and keep it under review;
- identify the steps that are to be taken to manage the risks identified in the plan;
- monitor the condition of any asbestos or any substances suspected of containing asbestos;
- ensure any asbestos is properly maintained, or where necessary, safely removed; and
- ensure information about the location and condition of any asbestos is provided to every person at risk of disturbing it and made available to the emergency services.
