The Control of Asbestos Regulations 2006 came into force on 13 November 2006 (Asbestos Regulations - SI 2006/2739) These regulations bring together the three previous sets of regulations covering the prohibition of asbestos, the control of asbestos at work and asbestos licensing.

The Regulations prohibit the importation, supply and use of all forms of asbestos. They continue the ban introduced for blue and brown asbestos 1985 and for white asbestos in 1999. They also continue the ban of secondhand use of asbestos products such as asbestos cement sheets and asbestos boards and tiles; including panels which have been covered with paint or textured plaster containing asbestos.

Remember: The ban applies to new use of asbestos.  if the existing asbestos containing materials are in a good condition, then they may be left alone and in place, their condition monitored and managed to ensure they are not disturbed.

The Asbestos Regulations also include the 'duty to manage asbestos' in non-domestic premises. Guidance on the duty to manage asbestos can be found in the 'Approved Code of Practice The Management of Asbestos in Non-Domestic Premises', L127, ISBN 0717662098.

The duty to manage

The duty to manage is directed at those who manage non-domestic premises: the people with responsibility for protecting others who work in such premises, or use them in other ways, from the risks to ill-health that exposure to asbestos causes.

• What is the duty?
• Who has the duty?
• What premises are affected?
• How do duty holders comply?
• Surveys/Surveyors

What is the duty?

The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations 2006. 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 cooperate as far as is necessary to allow the dutyholder to comply with the above requirements.

Who has the duty?

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.

What premises are affected?

The duty to manage covers all non-domestic premises. Such premises include all industrial, commercial or public buildings such as factories, warehouses, offices, shops, hospitals and schools.

Non-domestic premises also include those 'common' areas of certain domestic premises: purpose-built flats or houses converted into flats. The common areas of such domestic premises might include foyers, corridors, lifts and lift-shafts, staircases, roof spaces, gardens, yards, outhouses and garages - but would not include the flat itself. Such common areas would not include rooms within a private residence that are shared by more than one household such as bathrooms, kitchens etc in shared houses and communal dining rooms and lounges in sheltered accommodation.

Further detail is set out in a chart of premises and includes which are likely to be classified as domestic or non-domestic for the purposes of the duty to manage.

How do duty holders comply?

There are three essential steps:

• Find out whether the premises contains asbestos, and, if so, where it is and what condition it is in. If in doubt, materials must be presumed to contain asbestos.
• Assess the risk; and
• Make a plan to manage that risk and act on it.

Here are some basic principles to remember:

• Asbestos is only dangerous when disturbed. If it is safely managed and contained, it doesn't present a health hazard;
• Don't remove asbestos unnecessarily - removing it can be more dangerous than leaving it in place and managing it;
• Not all asbestos materials present the same risk. The measures that need to be taken for controlling the risks from materials such as pipe insulation are different from those needed in relation to asbestos cement;
• Don't assume you need to bring in a specialist in every case (for example, you can inspect your own building rather than employ a surveyor). But, if you do, make sure they are competent for further details see the section on surveys/surveyors.
• If you are unsure about whether certain materials contain asbestos you can presume they do and treat them as such;
• Remember that the duty to manage is all about putting in place the practical steps necessary to protect maintenance workers and others from the risk of exposure to asbestos fibres. It is not about removing all asbestos.

If any ACMs need to be sealed, encapsulated or removed, remember you will need to employ a licensed contractor if the materials are high risk (eg pipe insulation and asbestos insulating panels). If the materials are lower risk (eg asbestos cement) then an unlicensed but competent contractor may carry out this work.

Further Information

Further information about Asbestos Management can be found at the following Webpage link:  HSE Webpage - Asbestos

Further information about the Duty to Management Asbestos in Non-domestic Premises can be downloaded from the following Web link: HSE Publication - L127

Further information about Working with Materials Containing Asbestos (L143) can be downloaded from the following Web link:  HSE Publication - L143

Further information about Asbestos Sampling, Analysis and Clearing (HSG248) can be downloaded from the following Web link:  HSE Publication  - HSG248

Further information about Asbestos Surveys (Asbestos Survey Guide - HSG 264) can be downloaded from the following Web link: HSE Publication - HSG264