Asbestos – Legal Obligations

Relevant Regulations – Control of Asbestos Regulations 2012

Duty holders must:

• Take reasonable steps to determine the location of materials likely to contain asbestos.
• Presume all materials contain asbestos, unless there are good reasons not to do so.
• Make and maintain a written record of the location of the Asbestos Containing Materials (ACMs) and any presumed ACMs.
• Assess and monitor the condition of and presumed ACMs.
• Assess the risk of exposure from ACMs and presumed ACMs. Then prepare a written plan of the actions to manage the risk i.e. the ‘Asbestos Management Plan‘.
• Take steps to see that these actions are carried out.

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 ACM 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 ACM 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.

Please find here the HSE Managing and Working with Asbestos: Approved Code of Practice and Guidance which may be more specific for your properties.