Last Updated on June 11, 2024 by max

Asbestos, a naturally occurring group of minerals known for its fire-resistant properties, was once widely used in construction materials across the UK. However, due to the severe health risks associated with asbestos exposure, its use was banned in 1999. Yet, the legacy of asbestos remains, posing a potential threat in many buildings constructed before the ban.

The Control of Asbestos Regulations 2012 (CAR 2012) form the cornerstone of legislation governing asbestos management in the UK. These regulations outline the responsibilities of various parties involved in ensuring the safety of building occupants from asbestos exposure. Understanding who these regulations apply to is crucial for both property owners and those working within these buildings.

Duty Holders: The Primary Line of Defence

CAR 2012 places the primary responsibility for asbestos control on individuals designated as “duty holders.” These individuals have a legal obligation to manage asbestos in any non-domestic premises built before 2000. “Non-domestic” encompasses a broad range of structures, including:

• Commercial buildings (offices, shops, warehouses)
• Industrial facilities
• Public sector buildings (schools, hospitals, libraries)

The definition of a duty holder can vary depending on the specific circumstances. Here are some common examples:

• Building owners: They are typically the primary duty holder, responsible for identifying, locating, and managing asbestos within the building.
• Employers: In workplaces containing asbestos, employers become duty holders with specific obligations towards their employees’ safety from exposure.
• Landlords: They are duty holders when they have control over the maintenance and repair of a property containing asbestos.
• Managing agents: Appointed by the building owner, they can assume duty holder responsibilities for asbestos management.

Identifying Asbestos: A Crucial First Step

A fundamental duty of the duty holder is to determine whether asbestos is present in the building. This can be achieved through an asbestos survey. There are two main types of surveys:

• Asbestos Management Survey: This identifies the location and type of asbestos-containing materials (ACMs) within the building. It assesses their condition and provides a risk assessment, forming the basis for an asbestos management plan.
• Refurbishment and Demolition Survey: This is required before any intrusive work (e.g., refurbishment, demolition) that could disturb ACMs. It provides a detailed plan for safely handling and removing the asbestos.

The Responsibility Chain: Duty Holders and Others

While duty holders carry the primary legal burden, CAR 2012 also outlines responsibilities for others involved with the building:

• Employees: Employers, acting as duty holders, have a responsibility to ensure the health and safety of their employees from asbestos exposure. This involves providing information and training on asbestos risks and appropriate work practices to minimise exposure.
• Contractors: Duty holders often utilise contractors for asbestos-related work. It’s crucial to select competent contractors with the necessary qualifications and licenses for safe asbestos work.
• Occupants: Although not directly responsible under CAR 2012, occupants have a role to play in their own safety. They should be aware of the presence of asbestos and avoid disturbing any suspect materials. Reporting any concerns to the responsible party is vital.

Enforcement and Consequences

The Health and Safety Executive (HSE) is the primary enforcing authority for CAR 2012. Failure to comply with the regulations can lead to prosecution, with significant fines and potential imprisonment for individuals with the most serious breaches.

Beyond Legal Compliance: A Commitment to Safety

While legal compliance with CAR 2012 is essential, a proactive approach to asbestos management is paramount. A well-managed asbestos plan minimises the risk of exposure and protects the health of building occupants. This includes:

• Regularly reviewing and updating the asbestos management plan
• Implementing a system for recording the location and condition of ACMs
• Providing ongoing awareness training to employees and occupants
• Implementing appropriate control measures (e.g., encapsulation, removal) based on the risk assessment

Conclusion

Asbestos remains a potential health hazard in many buildings across the UK. Understanding who the Control of Asbestos Regulations apply to is crucial for ensuring the safety of all those who occupy or work within these premises. By fulfilling their legal obligations and fostering a culture of awareness, duty holders can effectively manage asbestos, preventing exposure and safeguarding health.

Published May 21, 2024