Asbestos Management and Duty to Manage Compliance

Asbestos in Brief

Duty to manage asbestos under the Control of Asbestos Regulations 2012
Asbestos register and management plan for buildings constructed before 2000
Asbestos awareness training for anyone whose work may disturb it

Managing Asbestos Risks

The use of asbestos was banned in the UK in 1999, but it can still be found in buildings constructed or refurbished before that date - in insulation, ceiling tiles, floor tiles, roofing materials, pipe lagging and many other building materials. Around five thousand people die each year in the UK from asbestos-related diseases, making it the single largest cause of work-related deaths.

Asbestos is dangerous when it is disturbed. Intact and undamaged asbestos-containing materials that are in good condition and are not likely to be disturbed do not generally present an immediate risk. The risk arises when the material is damaged, deteriorating or when work activities disturb it - releasing fibres into the air that, if inhaled, can cause serious and fatal lung diseases including asbestosis, lung cancer and mesothelioma. These diseases typically take 20 to 30 years to develop after exposure.

Employer Duties

Anyone responsible for premises built or refurbished before 2000 must take reasonable steps to identify whether asbestos-containing materials are present. Under the Control of Asbestos Regulations 2012, the duty holder - typically the employer or building owner - must manage the risk from asbestos by:

Identifying the location and condition of all asbestos-containing materials, or materials presumed to contain asbestos. A survey of the premises by a competent person is the standard approach. The survey findings must be documented in an asbestos register that records the location, type and condition of all identified or presumed materials.

Assessing the risk from those materials - taking into account their condition, whether they are likely to be disturbed and who might be exposed.

Preparing and implementing a plan to manage the risk - which may mean monitoring and maintaining materials in good condition, encapsulating or sealing them, or arranging removal.

Sharing information about the location and condition of asbestos with anyone who might disturb it - including contractors, maintenance workers and emergency services.

Key Controls

Asbestos awareness training - required for any worker whose activities could disturb asbestos in a building. Workers need to be able to recognise what asbestos looks like, understand the risks and know what to do if they suspect they have disturbed it.

Asbestos register - document the location and condition of all known or presumed asbestos-containing materials on the premises. This must be made available to anyone who might disturb those materials before any work begins.

If asbestos is disturbed - work must stop immediately. The area should be cleared of people and access prevented. Anyone who may have been exposed should be informed and appropriate action taken. The incident should be investigated before any further work takes place in the affected area.

Removal - licensed asbestos removal contractors must be used for higher-risk asbestos work, including the removal of sprayed asbestos, asbestos insulation and asbestos insulating board. Lower-risk work on less friable asbestos materials may be carried out without a licence but still requires a risk assessment and appropriate controls. Where in doubt, always seek specialist advice.

The most common situation we see is maintenance workers or contractors disturbing asbestos during routine work - drilling into a wall, removing ceiling tiles, cutting through pipe lagging - because nobody checked the asbestos register before the job started. The register is only useful if people know it exists and actually consult it. For any work on the fabric of a building that was constructed before 2000, checking the asbestos register should be a standard part of the planning process, not an afterthought.

Practical Compliance Guidance

The starting point for managing asbestos safely is understanding if there is any on your premises.

For organisations that do not occupy premises built before 2000, the risk is lower - but a brief documented assessment confirming this remains good practice. This should show any locations in the buildings/premises where asbestos is located. The general risk from undisturbed asbestos is low, however can become dangerous if disrupted, releasing fibres into the atmosphere that can become embedded in the lungs, increasing the risk of asbestosis and cancer.

An asbestos survey completed by a competent person will provide the basis for a risk assessment. If asbestos is identified, it should only be removed by a licensed contractor, as the risk is very high.

Section 3.2 of IMS1 covers the management of premises and the arrangements for managing asbestos can be referenced there. The documents below support a compliant approach.

alphaZ document	How to use it
ISO 9001/14001/45001 Management System Toolkit	The complete toolkit for implementing an ISO-compliant integrated management system. Includes the IMS1 manual, all policies, procedures, registers and audit checklists.
P-18 Asbestos Safety Policy	Documents the organisation's commitment to managing asbestos risks safely. Suitable for organisations that occupy or work in premises where asbestos may be present.
PP-7-19 Asbestos Policy Procedure	Step-by-step procedure covering asbestos management arrangements - including the asbestos register, risk assessment, training requirements and actions to take if asbestos is disturbed.
RA-HS14 Asbestos Risk Assessment	Example asbestos risk assessment. Use as the basis for assessing and documenting the risk from identified or presumed asbestos-containing materials on the premises.
COSHH Assessment - Asbestos	COSHH assessment covering asbestos as a hazardous substance. Use where work activities involve potential exposure to asbestos fibres.

Note - all the above files can be downloaded with an alphaZ subscription.

Frequently Asked Questions

Our building was built after 2000 - do we still need to consider asbestos?

The risk is significantly lower for buildings constructed entirely after the 1999 ban, since asbestos-containing materials should not have been used in their construction. However, if a building was refurbished before 2000, asbestos may have been introduced during that work. If there is any uncertainty about the construction history, a survey is the safest approach. A brief documented assessment confirming the basis for concluding that no asbestos is present is also good practice.

We rent our premises - whose responsibility is asbestos management?

The Control of Asbestos Regulations 2012 places the duty to manage asbestos on anyone who has maintenance or repair obligations for premises - which can include both building owners and tenants depending on the terms of the lease. In practice, the landlord typically holds the asbestos survey and register and is responsible for management of asbestos in the structure and fabric of the building. The tenant has a duty to inform contractors and workers of the asbestos information before any work on the premises. If you are a tenant, check what asbestos information the landlord holds and request a copy of the asbestos register for your demise.

Can we remove asbestos ourselves?

It depends on the type of asbestos and the work involved. Licensed asbestos removal work - covering the most hazardous types of asbestos including sprayed coatings, insulation and insulating board - must only be carried out by a contractor licensed by the HSE. Some lower-risk work on less friable materials is not licensable but still requires a risk assessment, appropriate controls and trained workers. In practice, for most organisations the safest and most straightforward approach is to use a specialist licensed contractor for any asbestos removal work.

UK Legislation

The following UK legislation is directly relevant to the management of asbestos in the workplace. Organisations outside the UK should identify the equivalent legislation applicable in their jurisdiction.

Further Resources