ASBESTOS IN COMMERCIAL PREMISES

A Hand Morgan & Owen Fact Sheet

The Control of Asbestos Regulations 2006 came into force on 13 November 2006.

They include the “duty to manage asbestos” in non domestic premises.  The person who has this duty may be either a tenant (if premises are held under a lease and the tenant is obliged to carry out repairs or maintenance) or in some cases the freeholder or occupier.  It is therefore a wide ranging duty.

The person having the duty to manage asbestos is required to :

• Take reasonable steps to find out if there are materials containing asbestos in the premises, and if so, the amount, where it is and what condition it is in;
• Make and keep up to date a record of the location and condition of the asbestos containing materials – or materials which are presumed (which will be the case if there is no strong evidence to the contrary) to contain asbestos;
• Assess the risk of any one being exposed to fibres from materials identified;
• Prepare a plan that sets out in detail how the risks from these materials will be managed;
• Take the necessary steps to put the plan into action;
• Periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date;
• Provide information on the location and condition of the materials to anyone who is likely to work on or disturb them.

The duty applies to all non domestic premises, and therefore includes industrial, commercial and public buildings such as factories, warehouses, offices, shops, hospitals and schools.

 3 October 2008

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published.   Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances