asbestos legislation

Changes to the Control of Asbestos at Work Regulations came into force in November 2002, although two regulations, numbers 4 and 20 did not become law until May 2004 and November 2004 respectively.

Regulation number 4 makes it a legal requirement for owners and occupiers (duty-holders) of properties to have assessed the likely presence of asbestos containing materials and to implement an asbestos management program. This is to ensure that there is no risk to the health of employees, contractors undertaking maintenance work, or to the occupants of the building.

The duty-holder must determine if asbestos is present in the building or likely to be present and manage it accordingly. According to the legislation, duty-holders are:

• Every employer
• Anyone that has any responsibility with regard to the maintenance and repair of non-domestic premises, or access to them
• Owners, landlords, tenants or even managing agents, surveyors or architects
• Legal duty under this legislation cannot be delegated

As an absolute minimum, duty-holders must:

• Compile and maintain a register detailing information on the location and condition of asbestos within the premises
• Review a written plan at regular intervals
• Pass information detailed within the register/plan to every person liable to disturb or come into contact with the asbestos
• The duty does not require removal if material is in good condition and not disturbed

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