Legislation

CONTROL OF ASBESTOS REGS 2012 - REGULATION 4

 

The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations 2012. It requires the person who has the duty (ie the "dutyholder") to:

 

take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in;presume materials contain asbestos unless there is strong evidence that they do not;make, and keep up-to-date, a record of the location and condition of the asbestos containing materials - or materials which are presumed to contain asbestos;assess the risk of anyone being exposed to fibres from the materials identified;prepare a plan that sets out in detail how the risks from these materials will be managed;Take the necessary steps to put the plan into action;periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date; and provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.

 

There is also a requirement on anyone to co-operate as far as is necessary to allow the dutyholder to comply with the above requirements.

In many cases, the dutyholder is the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises through an explicit agreement such as a tenancy agreement or contract. 
The extent of the duty will depend on the nature of that agreement. In a building occupied by one leaseholder, the agreement might be for either the owner or leaseholder to take on the full duty for the whole building; or it might be to share the duty. In a multi-occupied building, the agreement might be that the owner takes on the full duty for the whole building. Or it might be that the duty is shared - for example, the owner takes responsibility for the common parts while the leaseholders take responsibility for the parts they occupy. Sometimes, there might be an agreement to pass the responsibilities to a managing agent. 

 

In some cases, there may be no tenancy agreement or contract. Or, if there is, it may not specify who has responsibility for the maintenance or repair of non-domestic premises. In these cases, or where the premises are unoccupied, the duty is placed on whoever has control of the premises, or part of the premises. Often this will be the owner.

 

CONSTRUCTION & DESIGN MANAGEMENT REGS 2007- REGULATION 17

 

The client's duty in relation to the health and safety file

    

17. - (1) The client shall ensure that the CDM co-ordinator is provided with all the health and safety information in the client's possession (or which is reasonably obtainable) relating to the project which is likely to be needed for inclusion in the health and safety file, including information specified in regulation 4(9)(c) of the Control of Asbestos Regulations 2006[7].    (2) Where a single health and safety file relates to more than one project, site or structure, or where it includes other related information, the client shall ensure that the information relating to each site or structure can be easily identified.    (3) The client shall take reasonable steps to ensure that after the construction phase the information in the health and safety file—
(a) is kept available for inspection by any person who may need it to comply with the relevant statutory provisions; and(b) is revised as often as may be appropriate to incorporate any relevant new information.
    (4) It shall be sufficient compliance with paragraph (3)(a) by a client who disposes of his entire interest in the structure if he delivers the health and safety file to the person who acquires his interest in it and ensures that he is aware of the nature and purpose of the file

 

 

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