What do I have to do to fulfil my ‘duty to manage’ asbestos?

If you have responsibility for the maintenance or repair of nondomestic premises, you are likely to have the duty to manage any asbestos in the premises (unless agreed otherwise).

If this is you, you are responsible for protecting people who work at or use such premises from the risks to ill-health that exposure to asbestos can cause.

The duty is contained in regulation 4 of the Control of Asbestos Regulations 2006. To comply, you need to:

• Take reasonable steps to find out if there’s any asbestos in the premises, how much, and what condition it’s in. You should presume materials contain asbestos unless there is strong evidence they don’t

• Record the location and condition of the asbestos-containing materials
• Assess the risk of anyone being exposed to fibres from the materials identified
• Prepare, and keep up-to-date, a plan that sets out in detail how any risk will be managed
• Put the plan into action
• Periodically review the plan to ensure it remains relevant

• Provide information on the location and condition of any asbestos-containing materials to anyone who is liable to work on or disturb them.

Asbestos is only a risk to health if fibres are released into the air and breathed in. So, when assessing the premises and making your plan, remember asbestos is only dangerous if disturbed. If asbestos-containing materials are in good condition and unlikely to be disturbed or damaged during normal use of the building they should be left in place and managed, you should not remove it unnecessarily.

The duty to manage is about putting in place appropriate steps to protect maintenance workers and others from the risk of exposure to asbestos fibres by ensuring they have the information they need about where asbestos is. It’s certainly not about removing all asbestos.

However, if you do discover any asbestos-containing materials that need to be sealed, encapsulated or removed, you will need to employ a licensed contractor if the materials are high risk, e.g. pipe insulation and asbestos insulating panels. If the materials are lower risk, such as asbestos cement, then an unlicensed but competent contractor may carry out the work.

For more information: www.hse.gov.uk/asbestos/managing HSE INFOLINE Calls about any aspect of health and safety law can be directed to the Health and Safety Executive’s Infoline 8am to 6pm weekdays on 0845 345 0055. Calls are charged.