The Duty to Manage Asbestos

The Control of Asbestos at Work Regulations (Northern Ireland) 2003 (CAW) introduced an explicit duty to manage asbestos in non-domestic premises.

The duty to manage requires those in control of premises to:

· take reasonable steps to determine the location and condition of materials likely to contain asbestos;
· presume materials contain asbestos unless there is strong evidence that they do not;
· make and keep an up to date record of the location and condition of the asbestos containing materials (ACMs) or presumed ACMs in the premises;
· assess the risk of the likelihood of anyone being exposed to fibres from these materials;
· prepare a plan setting out how the risks from the materials are to be managed;
· take the necessary steps to put the plan into action;
· review and monitor the plan periodically; and
· provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.

Even if you feel that you have no asbestos in your properties or that you are not a “duty holder” you will need to show evidence that you have carried out some or all of the above steps in order to demonstrate full understanding and compliance.

Remember, the legal duty is about managing any asbestos in a building, not about removing all asbestos.