Required by law to manage asbestos? Here's what you need.
Building owners and managers have a legal duty to identify and manage asbestos in their properties. This obligation applies whether you own a single building or manage a portfolio of hundreds.
Compliance typically requires: an asbestos register documenting all known or presumed asbestos-containing materials, a management plan detailing how they will be maintained or removed, regular condition monitoring, and clear information for anyone who might disturb these materials during maintenance or repair work.
Non-compliance can result in significant fines, criminal prosecution, and personal liability for directors and managers. Regulatory inspections are increasing, and insurance claims may be denied if asbestos management is inadequate.
The Problem
Industrial facilities face some of the most demanding asbestos regulatory requirements due to the volume of asbestos typically present and the nature of industrial operations that frequently disturb building materials. Thermal insulation, gaskets, and fireproofing materials are found throughout industrial plants.
Industrial operators must maintain comprehensive asbestos registers, implement management plans, conduct regular condition monitoring, and ensure all maintenance and modification work accounts for asbestos. Workplace health and safety regulations add worker protection requirements on top of building management obligations.
What You Need
Frequently Asked Questions
When was the first duty to manage asbestos?
The duty to manage asbestos was first introduced in Regulation 4 of the Control of Asbestos Regulations 2006, replacing earlier provisions. It was carried forward into the Control of Asbestos Regulations 2012, which remains current.
How to manage asbestos in the workplace?
The HSE Approved Code of Practice L143 provides statutory guidance on managing asbestos. It covers the duty to manage, survey requirements, risk assessment, management plans, training, and emergency procedures.
Who do control of asbestos regulations apply to?
CAR 2012 applies to all employers, the self-employed, and duty holders responsible for non-domestic premises. This includes building owners, landlords, managing agents, and anyone who may commission or carry out work that could disturb asbestos.
What are the legal requirements for managing asbestos in buildings?
The duty holder of non-domestic premises must identify ACMs through a survey, maintain an asbestos register, prepare a management plan, and ensure anyone who may disturb asbestos is informed. These obligations apply continuously, not just during building work.
Which type of asbestos is used for commercial purposes?
Chrysotile (white asbestos) was the most widely used commercially, found in cement products, brake linings, and textiles. Amosite (brown) and crocidolite (blue) were used in insulation and fireproofing applications.
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