Duty of Care

The Control of Asbestos Regulations 2006 (CAR) introduced Regulation 4, the duty to manage asbestos in non-domestic premises.  This legislation addresses the biggest occupational health killer in the U.K.  Of the 3,500 people currently dying each year of asbestos related diseases, a large proportion once worked in the building and maintenance trades and often would have worked unknowingly on, or near to, asbestos containing materials (ACMs). Regulation 4 sets out the legal requirement to manage (duty to manage) all asbestos containing materials (ACMs) which exist in your building. Regulation 4 sets out the duty holder’s responsibility for the safe management of asbestos containing materials (ACMs) in there premises.  In order to manage the risk from the asbestos, the duty holder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises.

The duty holder includes employers and the self-employed if they have responsibilities for maintaining or repairing non-domestic premises and the owner of those premises whether they are occupied or vacant. The duties in regulation 4 will rest with the person in control of maintenance in the non-domestic premises, whether that is the occupier or landlord. Falling within this legislation are all common areas within rented or private accommodation.

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The duty holder's responsibilities:

• Take reasonable steps to determine the location and condition of materials likely to contain asbestos.
• Presume materials contain asbestos unless there is strong evidence that they do not.
• Make and keep an up-to-date record of the location and condition of the ACMs or presumed ACMs in the premises.
• Assess the risk of the likelihood of anyone being exposed to fibres from these materials.
• Prepare a plan setting out how the risks from the materials are to be managed.
• Take the necessary steps to put the plan into action.
• Review and monitor the plan periodically.
• Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.
• As a result of this you have a legal obligation (Duty of Care); to protect employees and the public from any Asbestos Containing Materials (ACMs) on your premises therefore failure to comply will contravene Health and Safety Law.

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