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Asbestos – Legal Obligations

Relevant Regulations – Control of Asbestos Regulations 2012

Duty holders must:

An employer must not undertake any intrusive work in demolition, maintenance or any other work which exposes or is liable to expose employees of that employer to asbestos in respect of any premises. In addition Section 3 of the Health and Safety at work Act 1974 extends this duty of care to non-employees, visitors and members of the public.

A refurbishment and demolition survey is needed before any refurbishment or demolition work is carried out.

An employer must not undertake any work with asbestos without having prepared a suitable written plan of work detailing how that work is to be carried out.

The employer shall keep a copy of the plan of work at those premises at which the work to which the plan relates is being carried out for such time as that work continues.

In cases of final demolition or major refurbishment of premises, the plan of work must, so far as is reasonably practicable, specify that asbestos must be removed before any other major works begin, unless removal would cause a greater risk to employees than if the asbestos had been left in place.