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Latest News from the HSE

Duty to Manage

The Control of Asbestos Regulations 2006 (CAR 2006) stipulates the duty to manage asbestos in non-domestic premises. This duty came into operation on 13th November 2006 and replaced the Control of Asbestos at Work Regulations 2002 (CAWR 2002).

The regulation states that:

  • Everybody who has maintenance obligations or controls access to non-domestic premises is duty bound to manage the risks presented by asbestos containing materials (ACM’s).
  • In order to manage this risk the duty holder must ensure that an assessment is made as to whether asbestos is present in the premises.
  • The condition of any asbestos present must be assessed and reviewed, and a record of these assessments must be made.
  • The risk presented by ACM’s must be assessed.
  • A written plan identifying the parts of the premises concerned must be prepared.
  • The measures that are taken for managing this risk must be specified in a written plan.
  • The Health and Safety Executive have clearly stated their intention to vigorously enforce this legislation – this means heavy fines and possible prison sentences for those who fail in their duty.
  • If you are responsible for a property constructed before 2000 it may contain asbestos and therefore present a risk to all who have access to the property, especially maintenance workers.
 
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