The Control of Asbestos Regulations 2012 (CAR 2012) is a set of regulations fundamentally designed to prevent employees, sub-contractors, or any persons visiting or working at non-domestic premises from exposure to asbestos. It therefore lays out that every Company or Organisation has a legal duty to manage the asbestos risk relating to any non-domestic premises that it owns, occupies or manages. Further, this duty to manage is directed specifically at those people with responsibility for protecting others who work in such premises, or use them in other ways, from the risks to ill health that exposure to asbestos causes.

The duty to manage asbestos requires the person who has the duty (ie the “dutyholder”) to

  • take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in
  • presume materials contain asbestos unless there is strong evidence that they do not
  • make, and keep up-to-date, a record of the location and condition of the asbestos containing materials – or materials which are presumed to contain asbestos
  • assess the risk of anyone being exposed to fibres from the materials identified
  • prepare a plan that sets out in detail how the risks from these materials will be managed
  • take the necessary steps to put the plan into action
  • periodically review and monitor the plan and the actions set so that the plan remains relevant and up-to-date
  • provide information on the location and condition of the materials to anyone who is liable to work on or disturb them

There is also a requirement on anyone to co-operate as far as is necessary to allow the dutyholder to comply with the above requirements.

The penalties for non-compliance with the Control of Asbestos Regulations 2006 can be as follows:

HSE inspectors can issue prohibition notices which can close areas or entire sites. Companies can be fined an unlimited amount and individuals can be fined £20,000. Responsible individuals can be imprisoned for up to two years. Directors of companies can be disqualified

Remember it is a ‘Duty To Manage’ and not a duty to survey! Stay on the right side of the legislation and let Nass Asbestos Surveyors help you to do so. Contact us now to arrange your Asbestos Survey.