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Duty Holder’s Guide to Asbestos Management

Chris Parr

Chris Parr

12th August, 2024

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:

  1. Creating and implementing a robust management plan
  2. Regular review and documentation of risk levels
  3. Assessment of work-related exposure risks
  4. 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.

Asbestos Compliance Services

Trusted Asbestos Services from Lucion

UKAS Accredited – Inspection

Our UKAS ISO 17025 accredited hazardous materials laboratory operates under the legal entity Lucion Services. Lucion Services is a UKAS-accredited inspection body No. 0263 in relation to asbestos.

View our UKAS Schedule

UKAS Accredited – Testing

Our UKAS ISO 17025 accredited hazardous materials laboratory operates under the legal entity Lucion Services. Lucion Services is a UKAS accredited testing laboratory No. 2569 in relation to asbestos.

View our UKAS schedule

UKAS Accredited – Testing

Our geotechnical laboratory operates under the legal entity Lucion Ground Engineering. Lucion Ground Engineering is a UKAS-accredited testing laboratory No. 8180.  

View our UKAS Schedule

Regular Interlaboratory Counting Exchanges (RICE)

Our UKAS ISO 17025-accredited hazardous materials laboratory operates under the legal entity Lucion Services Ltd. We participate in the Regular Interlaboratory Counting Exchanges (RICE).

Scanning Electrons Microscopy Fibre Counting Scheme (SEMS)

Our UKAS ISO 17025-accredited hazardous materials laboratory operates under the legal entity Lucion Services Ltd. We participate in the Scanning Electrons Microscopy Fibre Counting Scheme (SEMS).

CHAS Advanced Certification

CHAS Advanced Certification

Lucion Services Limited: CHAS-0016114

Lucion Delta-Simons Ltd: CHAS – 197746

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