| The Control of Asbestos Regulations 2006
The Control of Asbestos Regulations came into force on 13 November 2006 (Asbestos Regulations - SI 2006/2739)
These Regulations bring together the three previous sets of Regulations covering the prohibition of asbestos, the control of asbestos at work and asbestos licensing. The Regulations prohibit the importation, supply and use of all forms of asbestos. They continue the ban introduced for blue and brown asbestos 1985 and for white asbestos in 1999. They also continue the ban the second-hand use of asbestos products such as asbestos cement sheets and asbestos boards and tiles; including panels which have been covered with paint or textured plaster containing asbestos.
The Duty to Manage
If you own, occupy, manage or have
responsibilities for non-domestic premises, which may contain
asbestos, you will either have:
 A legal
duty to manage the risk from this material: or
A duty to co-operate with whoever manages
that risk.
The person responsible for a building (The Duty Holder)
is required to manage the risk from asbestos by:
Taking reasonable
steps to find asbestos on their premises and assess the condition
of these materials;
Presuming that materials do contain asbestos
unless there is strong evidence that they do not;
Preparing a
record of the location and condition of asbestos, or presumed
asbestos, materials and assess the risks from them;
Preparing
and implementing a plan to manage those risks; and
Providing
information on the location and condition of the materials to
anyone who is liable to disturb them.
Who will be the Duty Holder?
All those who have responsibility
for the maintenance and/or repair of non-domestic premises have
duties under this regulation. The extent of the legal duty is
determined by the terms of the tenancy agreement or contract
that applies. In the absence of any such agreement the Duty Holder
will be determined by the degree of control the party has over
the premises.
Depending on the contract or tenancy the Duty Holder
could be the landlord or tenant or even a facilities manager.
In some cases two or more parties could share the duty. The regulation
also includes a duty to co-operate, which applies widely. This
will, for example, require a landlord to pass information on
asbestos to a new tenant. Similarly a tenant must co-operate
by allowing a landlord to gain access to a building, for example
to carry out a survey.
Also any building surveyor or architect
who have plans which show information on the whereabouts of asbestos
would be expected to make these available to the Duty Holder
at a reasonable cost.
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