Are you aware of the asbestos

Regulation 4: Duty to manage asbestos

This regulation applies to all non-domestic premises and common parts of domestic premises. It places a legal duty on the
‘duty holder’ to take active steps to identify, manage and monitor asbestos containing materials (ACMs) in their building.

Get in touch with Hastings Environmental Services Ltd to learn more about the asbestos regulations.
Our asbestos management team will ensure that you are compliant with all the latest regulations.
Based in Brighton we serve clients across East Sussex and surrounding areas.

Are you a duty holder?

According to the HSE Approved Code of Practice L127 the ‘duty holder’ includes both employers and the self-employed if they have responsibilities for maintaining or repairing non-domestic premises and the owner of those premises whether they are occupied or vacant. The duties in regulation 4 will rest with the person in control of maintenance in the non-domestic premises, whether occupier or landlord.

Requirements of Regulation 4

In practical terms this will involve carrying out an inspection or survey of the building. Ideally, an independent expert can be appointed from a specialist organisation to undertake this work. The results of the inspection should indicate the locations of ACMs, the risk of fibre release from the materials, the condition of the materials and how likely they are to be damaged.

This information must then be recorded in an asbestos register and be maintained on site for the life of each building and must be accessible, for example to any visiting contractor to prevent accidental exposure. This will detail where, if any, asbestos materials are located and what measures may be required to manage any
risk the materials might present.

The report must also be shown to any contractors undertaking works within the building. Often this becomes most relevant during refurbishment works or other alterations to buildings where asbestos may be present. The register must be periodically updated to take account of any alteration in the condition of
the materials identified.

There is also a requirement under Regulation 4 to carry out routine monitoring and assessment of asbestos materials identified within a building. This must be undertaken by a competent individual and the survey records updated accordingly.