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A Client's Brief Guide:
Who does this explicit duty effect?
Anyone who owns, occupies, manages or has responsibilities for premises which may contain asbestos will either have:
A legal duty to manage the risk from asbestos.

Or

A duty to co-operate with whoever manages that risk.
 The Control of Asbestos Regulations 2006 (CAR), in particular Regulation 4 (the duty to manage asbestos in non domestic buildings) replaced the Control of Asbestos at Work Regulations 2002 (CAWR) on the 13th November 2006. 

The legislation tightens the regulatory jigsaw puzzle that exposes maintenance workers and staff to the unforeseen risk of asbestos within commercial buildings by imposing an explicit duty on Employers to manage the risk of exposure to their employees or other persons within the building who are at risk of being affected by asbestos.
How do I know if I have conformed to the legislation?
The legislation is satisfied by undertaking a survey of your premises. Assessing the potential risk of asbestos containing materials within the building and managing the risks once identified. If asbestos products are identified as having a satisfactory condition and retained within the building then the obligation on the duty holder is to review the condition of the material normally every six months and to update the management plan accordingly. We can help you setup this Plan, so that you can be self monitoring in the future, therefore saving your firm future consultancy fees.

How do you know if your buildings contain asbestos?
You can only be certain by carrying out a survey. The HSE have developed a technical guidance document MDHS 100 which sets out methods for determining hazardous substances on surveying workplace premises for asbestos containing materials (ACM's) in order to achieve compliance with the CAWR.
A competent surveyor, preferably a Chartered Building Surveyor, will have evidence of attendance on an approved course and the Proficiency Certificate in Building Surveys & Bulk Sampling For Asbestos. Professional Indemnity Insurance is a further guarantee of competence.
© copyright RH BENWELL & ASSOCIATES 2004