The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations 2006
The Asbestos Regulations include the 'duty to manage asbestos’ in non-domestic premises.
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.
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 9780 7176 6209 8
If existing asbestos containing materials are in good condition, they may be left in place, their condition monitored and managed to ensure they are not disturbed.
The Control of Asbestos Regulations 2006require 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. [/li][/list]
There is also a requirement on anyone to co-operate as far as is necessary to allow the dutyholder to comply with the above requirements.
When work with asbestos or which may disturb asbestos is being carried out, the Asbestos Regulations require employers and the self-employed to prevent exposure to asbestos fibres. Where this is not reasonably practicable, they must make sure that exposure is kept as low as reasonably practicable by measures other than the use of respiratory protective equipment. The spread of asbestos must be prevented. The Regulations specify the work methods and controls that should be used to prevent exposure and spread.
