Understanding Your Duty to Manage Asbestos: Protecting you and your property

Asbestos, once hailed for its fire-resistant properties, has a hidden danger that can seriously affect your health. For property owners, landlords, employers and anyone responsible for the management of non-domestic premises, understanding your ‘Duty to Manage’ asbestos is not just a legal requirement; it’s essential for the well-being of all who enter your premises.

What is the ‘Duty to Manage’ (DTM)?

The ‘Duty to Manage’ asbestos is a legal requirement outlined in Regulation 4 of the Control of Asbestos Regulations 2012 (CAR).

This regulation places a clear responsibility on those who own, occupy, or manage non-domestic premises to manage the risks associated with asbestos within their property.

Who Has the Duty?

The duty holder is typically the owner of non-domestic premises or the entity with explicit responsibility for their maintenance or repair. The extent of this duty can vary based on agreements.

Why is Compliance Important?

Asbestos-related diseases, such as lung cancer, mesothelioma, and asbestosis, are caused by inhaling asbestos fibres. These diseases can take decades to develop after exposure, making early detection and prevention essential.

Compliance with DTM requirements is not just about adhering to the law; it’s about safeguarding the health and well-being of all occupants and visitors to your property. Failing to manage asbestos risks can have devastating consequences, both in terms of human health and legal repercussions.

What Premises Are Affected?

The ‘Duty to Manage’ asbestos covers all non-domestic premises, including but not limited to industrial, commercial, and public buildings such as factories, hospitals, and schools. It also includes common areas of certain domestic premises.

How to Comply

Compliance involves four crucial steps:

• Identify Asbestos: Determine if and where asbestos is present.
• Risk Assessment: Assess the risk posed by asbestos.
• Asbestos Management Plan: Create a comprehensive plan to manage asbestos risks.
• Information Sharing: Share information about asbestos locations and risks with relevant parties, including contractors.

You can learn more about the Duty to manage asbestos on the HSE website.

Remember, asbestos is only hazardous when disturbed. For high-risk materials, employ a licensed contractor for sealing, encapsulation, or removal. For lower-risk materials, a competent, unlicensed contractor may suffice. Your ‘Duty to Manage’ asbestos is a legal and moral obligation to protect health and safety.