The Control of Asbestos at Work Regulations (Fourth Edition 2002) came into force in August 2004.

Regulation 4 'The management of asbestos in non-domestic premises' gives a clear duty to identify and manage asbestos containing materials, this places the responsibility on anyone responsible for non-domestic properties, ranging from building managers, land lords to main contractors.

According to the ACOPL127 the ‘dutyholder’ includes employers and the self-employed if they have responsibilities for maintaining or repairing non-domestic premises and the owner of those premises whether they are occupied or vacant. The duties in regulation 4 will rest with the person in control of maintenance in the non-domestic premises, whether that be the occupier or landlord.

This will involve carrying out an inspection of the building. Ideally, an independent expert can be appointed from a specialist organisation to undertake this work. (Note the task can be delegated but not the legal responsibility).

The results of the inspection should indicate the locations of ACMs, the risk of fibre release from the material, the condition of the material and how likely they are to be damaged.

This information must then be recorded in an asbestos register and be maintained on site for the life of each building and must be available, for example to any visiting contractor to prevent accidental exposure. The register should be periodically updated.

If you are a duty holder and require further assistance in managing your asbestos risk or producing your survey do not hesitate to contact us for professional advice and assistance.