ASB/General/TBT-ASB-012

Duty to Manage Asbestos

Asbestos › General › Duty to Manage Asbestos

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The Control of Asbestos Regulations 2012 Regulation 4 places a duty to manage asbestos in non-domestic buildings.
The duty falls on the person responsible for maintenance of the building, usually the owner or occupier.
An asbestos management survey must identify the location, type, and condition of ACMs in the building.
An asbestos register must be maintained and made available to anyone who may disturb ACMs.
A management plan sets out how identified ACMs will be monitored, maintained, or removed over time.
ACMs in good condition may be managed safely in place with regular inspection and labelling.
Anyone carrying out work that may disturb building fabric must check the asbestos register first.
The duty holder must ensure the management plan is reviewed regularly and kept up to date.
Contractors working in the building must be informed about known ACM locations before starting work.
Failure to manage asbestos has resulted in significant fines and imprisonment for duty holders.

Legal duty	Regulation 4 of the Control of Asbestos Regulations 2012 is a strict legal duty with criminal penalties for non-compliance.
Prevent exposure	Effective management prevents accidental disturbance of ACMs that would expose workers and occupants to asbestos fibres.
Contractor safety	Construction and maintenance workers are most at risk if they are not informed about ACMs before drilling, cutting, or fixing.

Don't

Commission an asbestos management survey for all non-domestic buildings you manage
Maintain an up-to-date asbestos register showing location, type, and condition of ACMs
Develop a written asbestos management plan covering monitoring, maintenance, and removal
Make the asbestos register available to all contractors before they start work
Label identified ACMs clearly so they are not inadvertently disturbed
Re-inspect ACMs at intervals specified in the management plan to check condition
Update the register and plan when surveys identify new ACMs or conditions change
Ensure all building maintenance staff receive asbestos awareness training
Commission a refurbishment and demolition survey before any intrusive building work
Keep records of all asbestos management activities for at least 40 years

DON'T assume a building is asbestos-free without a management survey
DON'T allow contractors to start intrusive work without checking the asbestos register
DON'T neglect re-inspection of ACMs — condition can deteriorate between visits
DON'T remove the asbestos register from site where it cannot be accessed by workers
DON'T carry out refurbishment work relying only on a management survey — an R&D survey is needed
DON'T ignore damaged ACMs — arrange assessment and repair or removal promptly
DON'T treat the management plan as a one-off exercise — it requires ongoing review
DON'T fail to inform contractors about ACMs — this duty has resulted in prosecution
DON'T dispose of ACM waste without using licensed carriers and disposal sites
DON'T underestimate the legal consequences — fines and imprisonment are real outcomes

See also: Asbestos Awareness | Asbestos Management Plans

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