If you are running a business, you may have a duty to manage asbestos in the building from which you operate.

Regulation 4 of The Control of Asbestos Regulations 2012 places a special duty on anyone who has an obligation to maintain non domestic premises. The obligation for maintenance may be through a tenancy, rental agreement, lease or ownership of the building in question.

The special duty is to take the following actions.

  1. Take reasonable steps to find out if there are materials containing asbestos in your building and if so, its amount, where it is and what condition it is in. You should presume that materials contain asbestos unless there is strong evidence that they do not.
  2.  Make and keep up to date, a record of the location and condition of the asbestos-containing materials or materials which are presumed to contain asbestos.
  3. Assess the risk of anyone (e.g. employees, customers, contractors, visitors) being exposed to fibres from the materials identified.
  4. Prepare a plan that sets out in detail how the risks from these materials will be managed.
  5. Take the necessary steps to put the plan into action.
  6. Periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up to date.
  7. Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.
For further information please visit the Health and Safety Executive website or for an informal discussion contact a member of the Health and Safety Team from our Public Health & Protection Department on 01443 442100.

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