Who is responsible for managing asbestos in a building?
Most national frameworks designate a "duty holder" — the person or organisation legally responsible for ensuring asbestos in a building is identified and managed. Terminology varies:
- United Kingdom: the "duty to manage" under the Control of Asbestos Regulations 2012 (CAR 2012) applies to the owner or any person who has, by virtue of a contract or tenancy, an obligation to maintain or repair non-domestic premises. The dutyholde must take reasonable steps to determine if ACMs are present, assess the condition, produce a written management plan, and review it periodically.
- Australia: the Work Health and Safety (WHS) Act and its associated regulations designate a "Person Conducting a Business or Undertaking" (PCBU) as the duty holder. The PCBU must manage asbestos risks in workplaces, which includes commissioning an asbestos register and, where ACMs are identified, an asbestos management plan.
- United States: the