Asbestos is still a hidden threat in many buildings that were built before the year 2000. The use of it was once common, but it is now illegal in the UK. The 'Duty to Manage Asbestos' in buildings forms an approved code of practice. It sets out that some people and groups must manage asbestos risks safely to protect public health. Below, we discuss who is responsible and what steps they must take to follow the rules.
A duty holder is someone or an organisation that has the legal responsibility for the presence and condition of asbestos in a building. The Health and Safety Executive explains that duty holders must protect people from the risk of asbestos exposure. Duty holders include:
In buildings where many people live, the responsibility can be shared. This includes the owner, tenants, or managing agents. But remember, managing agents work for the owners and do not handle the legal duties themselves. If there is no rental agreement, the building owner or the person in charge of the premises will take on that duty.
To determine if you are a duty holder, the Work Right Campaign has created a useful questionnaire.
The responsibility for dealing with asbestos also applies to buildings that are not homes. This includes places like factories, stores, and public buildings such as:
It also includes common areas in buildings that have many homes. This means places like entrances, hallways, stairs, and rooftops. However, the rules do not cover individual apartments and houses.
Dutyholders need to take these steps to manage asbestos safely. This helps them follow the Control of Asbestos Regulations.
Check if there are ACMs in the building. Write down how much there is, where it is located, and its condition. If you are unsure, assume the materials have asbestos unless you have strong evidence that they do not.
If your building was made or fixed up before 2000, you should think that asbestos might be present. Buildings from that time often have ACMs in visible areas and also in hidden places, such as inside walls, fire doors, or old machines.
For renovation or teardown projects, you need a detailed survey. This survey is important to find any hidden asbestos materials before you begin the work.
To meet the asbestos management laws, people in charge often need to have professional asbestos surveys done. These surveys provide good information about where ACMs are located and how they are doing.
The two main types of surveys:
Creating and maintaining an asbestos register is very important. This register helps you track and manage the presence and condition of the ACMs in your building. It lets you know where ACMs are located so that you can handle them safely.
What to Include in Your Register:
You can find an Asbestos Register Template, here.
The asbestos register needs to include a risk assessment that considers the risk of exposure and the identification of the presence of asbestos. This assessment will help us decide what actions to take for the ACMs and may include additional information relevant to effective risk management.
Risk assessments involve two parts: material assessments and priority assessments. Material assessments check how likely it is for fibres to be released. Priority assessments see how likely it is that there will be a disturbance. Together, these assessments give a risk score. This score helps decide which actions to take for many ACMs.
Updating the Register:
Putting Your Plan into Action
When you have your asbestos management plan finished, it's very important to stick to it carefully. This means:
Sharing Your Plan
Communicating your asbestos management plan is crucial for safety. You need to share your plan with:
Final Thoughts
Effective asbestos safety management is key to keeping people safe in a building. By following the right steps and attending appropriate training, duty holders can meet their legal duties and reduce the risks of exposure. It's important to check regularly, communicate clearly, and follow the regulations. This practice helps ensure buildings are safe and meet the rules. Put safety first today to save lives and prevent dangers in the future.
If you are a duty holder and would like to learn more, see our Asbestos Awareness Training Course below:
Online IATP asbestos awareness course with certificate.
Provides learners with a basic awareness of the dangers associated with asbestos and the management and control measures required to control the risks.
Duration 30 minutes.