Understand your legal duties for asbestos management in non-domestic premises, including compliance with UK regulations, risk assessments and management plans with our 'Role of the Duty Holder's Guide'.
What is a Duty Holder?
The duty holder is the owner or designated responsible person for non-domestic premises. This includes property owners, building managers, and organisations with clear maintenance responsibilities through tenancy agreements or contracts.
CAR 2012 Legal Compliance Requirements
In accordance with the Control of Asbestos Regulations 2012, duty holders must actively manage asbestos risks and reduce exposure as far as reasonably practicable. This legal obligation ensures the safety of all building occupants and workers.
Essential Asbestos Risk Assessment Steps
Professional Assessment and Monitoring
A comprehensive risk assessment involves three crucial steps:
Assessment
Engage a trusted asbestos service provider to conduct an asbestos survey. Your detailed report will outline:
- Location of asbestos-containing materials
- Current condition assessment
- Risk factor evaluation
Condition Analysis
Regular monitoring of existing asbestos materials is essential to maintain safety standards and prevent unexpected deterioration.
Location Considerations
Carefully evaluate building occupancy and implement necessary restrictions until:
- Safe removal is complete
- Management measures are in place
- Reoccupation certification is obtained
Implementing Your Management Strategy
Your asbestos management approach should include:
- Creating and implementing a robust management plan
- Regular review and documentation of risk levels
- Assessment of work-related exposure risks
- Information sharing with relevant parties, particularly; building contractors, maintenance workers, and other employers who may disturb asbestos-containing materials.
Consequences of Non-Compliance With CAR 2012
Failing to properly manage asbestos risks can result in severe penalties:
Lower Courts
- Unlimited financial penalties
- Up to 6 months imprisonment
Higher Courts
- Unlimited financial penalties
- Up to 2 years imprisonment
Beyond legal consequences, improper asbestos management poses significant risks to human health and environmental safety. The impact can be far-reaching, affecting both immediate building occupants and the wider community.