Legislation


The Control of Asbestos Regulations 2012 (CAR) introduce an explicit duty to manage asbestos in non-domestic premises.

This important legislation tackles the biggest occupational health killer in the UK - asbestos-related diseases. Of the 3,500 people currently dying each year from such diseases, 25% have once worked in the building and maintenance trades and often would have worked unknowingly on or near to asbestos containing materials (ACM). Whilst virtually all other activities involving potential exposure to asbestos have now ceased, evidence suggests that this vulnerable group is still at considerable risk from unknowing exposure to asbestos. The requirements of the new regulations and defined duties seeks to prevent further unknowing exposure to asbestos by building and maintenance workers, with the aim of saving 5,000 lives over the next 100 years.

Duty requirements
The Duty to Manage requires those in control of premises to:
  • Take reasonable steps to determine the location and condition of materials likely to contain asbestos
  • Presume materials contain asbestos unless there is strong evidence that they do not
  • Make and keep an up to date record of the location and condition of the ACM or presumed ACM in the premises
  • Assess the risk of the likelihood of anyone being exposed to fibres from these materials
  • Prepare a plan setting out how the risks from the materials are to be managed
  • Take the necessary steps to put the plan into action
  • Review and monitor the plan periodically
  • Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them
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