Asbestos Law  

In November 2002 the Health and Safety Executive introduced the Control of Asbestos at Work Regulations 2002.

Regulation 4 came into effect 21st May 2004 and imposes a duty to manage asbestos in non–domestic premises.

The duty to manage requires the dutyholder to:

a) Take reasonable steps to find asbestos in the premises and assess the condition of these materials.

b) Presume that materials contain asbestos unless there is strong evidence that they do not .

c) Prepare a record of the location and condition of these materials and assess the risk from them.

d) Prepare and implement a plan to manage those risks

e) Provide information on the location and condition of the material to anyone who is liable to disturb it.

The dutyholder in most cases will be the commercial tenant /occupier if they have an obligation for repair or maintenance of the premises. In cases where the premises are shared or have common parts there may be a shared duty and you should seek the cooperation of the other parties in complying with the regulations.

The Regulations are enforced by the Health and Safety Executive who have prosecuted for non-compliance.