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Duty to Manage Asbestos

Surveys indicate that over half of UK businesses are breaching the new regulations, leaving them liable to risk of prosecution. Failing to comply with statutory requirements may not only expose employees to health risks but also lead to difficulties with insurers when trying to secure employer's liability insurance or negotiating renewal premiums.

The duty to manage asbestos in all non- domestic workplaces came in to force on 21 May 2004. Under the Control of Asbestos at Work Regulations 2002, this duty applies to all people who have responsibility for the maintenance and/ or repair of non- domestic properties.

Duty holders must take reasonable steps to determine the location of asbestos containing materials, assess the risk of anyone being exposed to asbestos fibres and plan and implement actions to control this risk. Plans, records and assessments should be kept.

The regulations do not necessarily mean that expensive asbestos surveys need to be carried out. Many smaller businesses can assess the situation and manage risks using their own staff. However, failing to manage the risk can have potentially fatal consequences for both employees and businesses.

For further advice on the steps required to manage asbestos risks, contact Gauntlet.

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