Legislation (CAWR 2002)

The Control of Asbestos at Work Regulations 2002 now places an explicit duty on those responsible for workplace safety in relation to asbestos.

The responsibility rests with the ‘duty holder’ defined by the Act as:-

• every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access to or from such premises.
• Where there is no contract or tenancy every person who has control of that part of the non-domestic premises or any means of access to or from such premises.
• where there is more than one dutyholder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.

Any duty holder must now:-

• Take reasonable steps to determine the location and nature of asbestos and presumed asbestos materials present by May 21st 2004.
• Keep and regularly update a register of the location, condition, maintenance and removal of all asbestos materials.
• Manage all aspects of asbestos materials that are to remain in place by means of a management plan.
• Inform anyone who is likely to disturb asbestos containing material about its location and condition.

Confused? Click here to find out if you are the 'duty holder'