The Control of Asbestos Regulations 2006introduced by the government, require an explicit duty to manage asbestos in non-domestic premises. This important legislation was passed to tackle the biggest occupational health killer in the UK, which is unfortunatly asbestos-related disease.
Employers, building owners, landlords and tenants should be considering the implications of not complying to these regulaions, identifying the presence of any asbestos-containing materials within their premises and formalising a strategy for managing the risk.
The Duty to Manage
If you own, occupy, manage or have responsibilities for non-domestic premises, which may contain asbestos, you will either have a legal duty to manage the risk from this material or a duty to co-operate with whoever manages that risk.
The person responsible for a building (The Duty Holder) is required to manage the risk from asbestos by:
Taking reasonable steps to find asbestos on their premises and assess the condition of these materials.
Presuming that materials do contain asbestos unless there is strong evidence that they do not.
Preparing a record of the location and condition of asbestos, or presumed asbestos, materials and assess the risks from them.
Preparing and implementing a plan to manage those risks.
Providing information on the location and condition of the materials to anyone who is liable to disturb them.
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 the tenancy agreement or contract that applies.
Depending on the contract or tenancy the Duty Holder could be the landlord or tenant or even a facilities manager. The regulation also includes a duty to co-operate, which applies widely. This will, for example, require a landlord to pass information on asbestos to a new tenant. Also any building surveyor or architect who have plans which show information on the whereabouts of asbestos would be expected to make these available to the Duty Holder at a reasonable cost.
Liability and Penalties
The most common liability that a company faces in this context is a claim in negligence made by an employee or contractor suffering from an asbestos related illness. Although the manufacture and supply of asbestos products is now prohibited in the UK, workers in the building and maintenance trade remain at risk of avoidable exposure to asbestos containing materials during the course of their work. The cost of failure to comply with asbestos regulations can be high and not just in human terms. Developers, architects and contractors, as well as property owners and managers, face compensation bills, prosecution and adverse publicity. It can also affect the value of a building.
The Health and Safety Executive is responsible for the enforcement of the Control of Asbestos Regulations in terms of their usual powers and procedures. The maximum penalties are an unlimited fine and/or up to two years' imprisonment. As with most other health and safety law offences, directors and officers of companies may be held liable for breaches if committed with their consent, connivance or neglect.