The HSE has recognised the risk of exposure to asbestos and since 21st May 2004 has made it a legal duty to assess and manage the risk of asbestos in buildings. It is essential to know the location and condition of asbestos within buildings, to maintain written records, to document actions and to have a management system and procedures in place to avoid exposure to asbestos fibres. The new regulation covers all non-domestic premises, whatever type of business is carried out in them. It also covers the common areas of domestic premises, including halls, stairwells, lift shafts, roof spaces and external areas.
Who will be the dutyholder? All those who have responsibility for the maintenance and or/repair of non-domestic premises have duties under this regulation. The extent of the legal duty is determined by the terms of any tenancy agreement or contract that applies, and in the absence of any such agreement, on the degree of control the party has over premises. The dutyholder may well be the landlord, tenant or a managing agent, depending on the circumstances of the case. In some situations, responsibility could be shared between two or more parties. The regulation also includes a duty to co-operate, which applies widely. This will, for example, require a tenant to allow a landlord to gain access to a building to carry out a survey. Also a building surveyor or architect who had plans which show information on the whereabouts of asbestos would be expected to make theses available to the dutyholder at a reasonable cost.
What should the dutyholder be doing immediately? Check that the current arrangements for the management of asbestos within their premises are effective and are being applied properly; Adopt a precautionary approach to maintenance work. Until a proper assessment of their premises has been carried out, they must assume that all materials being worked on are asbestos, adopting the standards set out in 'Asbestos essentials'; and carry out an initial inspection of the premises to look for serious damage and disturbance and take effective remedial action as necessary.