Managing asbestos at work

Approved Codes of Practice (ACoPs) and official guidance on the Control of Asbestos at Work Regulations 2002 (CAW) are now available and include an ACoP on the controversial reg. 4 - the duty to manage asbestos in non-domestic premises.

Under reg. 4, duty-holders must assume that materials contain asbestos unless there is strong evidence that they do not. The risk must be managed accordingly. However, it was concern over exactly who should be responsible for managing the risk that delayed the passage of the Regulations by more than 18 months (OHR 95 p.12).

Regulation 4 will confer some responsibility on virtually all employers, whether they own their premises or not. However, the original proposal put the onus to manage asbestos entirely on the employer - which would have cost upwards of £5 billion (OHR 87 pp.2-3). Under the finalised CAW Regulations, which were laid in parliament in October 2002 - more than two years after they went out for consultation - the duty-holder can be the owner of the premises, the tenant or tenants, or anyone else with legal responsibilities for the building (see box).

According to the Health and Safety Executive (HSE), the duty to manage asbestos "will apply to you if you have maintenance and repair responsibilities for non-domestic premises, either through a contract or tenancy agreement, or because you own the premises". Occupiers of premises without the primary duty to manage risk will have a duty to cooperate with the main duty-holder. Anyone with information on the whereabouts of asbestos in their premises is required to make this available to the duty-holder.

Duty to manage

Regulation 4 requires the duty-holder to:

  • take responsible steps to find asbestos-containing materials in premises;

  • check the condition of asbestos-containing materials;

  • presume materials contain asbestos unless there is strong evidence to suppose they do not;

  • keep an up-to-date written record of the location and condition of asbestos-containing materials;

  • assess the risks of exposure to asbestos-containing materials; and

  • prepare and put into effect a plan to manage the risk.

    The statutory duty to manage asbestos was proposed by the Health and Safety Commission because of concerns that information on whether or not buildings have asbestos in them was not always passed to those at risk. Regulation 4 thus requires duty-holders also to pass on information about the location and condition of asbestos-containing materials to anyone liable to disturb them and to the emergency services. Duty-holders have until 21 May 2004 to fulfil their obligations under reg. 4. All the other regulations (except reg. 20 on analytical standards) came into force on 21 November last year (OHR 101 pp.10-11).

    OH enemy no.1

    Nick Brown, the minister with responsibility for health and safety, described asbestos as "the most serious occupational health problem, in terms of fatal disease, that the country faces", and spoke of the 50,000 people known to have died from asbestos-related diseases between 1968 and 1998. "These Regulations should go a long way towards preventing this human suffering and misery," he said.

    The HSE estimates that there could be as many as 500,000 non-domestic premises in the UK that contain asbestos materials. The HSE's package of ACoPs and official guidance comprises:

  • a new ACoP, The management of asbestos in non-domestic premises1, that gives advice on how to comply with the new legal requirements and explains the duties of building owners, tenants and anyone else with legal responsibilities for non-domestic premises;

  • A comprehensive guide to managing asbestos2, aimed at duty-holders in more complex organisations, that provides advice on what immediate steps they need to take to manage asbestos on their premises. It also gives advice on developing a management strategy to ensure full compliance with the new duty, and includes case studies and worked examples;

  • A short guide to managing asbestos in premises3, aimed at those with smaller, less complex premises, that provides background information on why asbestos can be a risk to health, and where it is found, and gives basic, practical advice on managing the risks from asbestos in premises; and

  • two existing ACoPs on the CAW Regulations 1987 that have been revised to bring them into line with the 2002 Regulations. They introduce improved requirements for the provision of training and for clearance procedures following asbestos work. Some minor changes were also necessary to implement the health requirements of the Chemical Agents Directive insofar as they relate to asbestos. The original ACoP The control of asbestos at work has been revised and retitled Work with asbestos which does not normally require a licence4. The ACoP Work with asbestos insulation, asbestos coating and asbestos insulating board5 has been revised under its original title.


    Definition of duty holder

    CAW reg. 4(1) defines a dutyholder as:

    "(a) every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress therefrom; or

    (b) in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom, and where there is more than one dutyholder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person."

    1The management of asbestos in non-domestic premises. Regulation 4 of the Control of Asbestos at Work Regulations 2002. Approved Code of Practice and Guidance L127, ISBN 0 7176 2382 3, available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 2WA, tel: 01787 881165, fax: 01787 313995, price £9.50.

    2A comprehensive guide to managing asbestos in premises, HSG227, ISBN 0 7176 2381 5, available from HSE Books, price £12.50.

    3A short guide to managing asbestos in premises, INDG223, available from HSE Books, free.

    4Work with asbestos which does not normally require a licence (fourth edition), L27, ISBN 0 7176 2562 1, available from HSE Books, price £9.50.

    5Work with asbestos insulation, asbestos coating and asbestos insulating board (fourth edition), L28, ISBN 0 7176 2563 X, available from HSE Books, price £9.50.