Duty to Manage Asbestos

What premises are affected

The duty to manage covers all non-domestic premises. These include all industrial, commercial or public buildings such as factories, warehouses, offices, shops, hospitals and schools.
Non-domestic premises also include the 'common' areas of certain domestic premises, such as purpose-built flats or houses converted into flats. The common areas of these premises include foyers, corridors, lifts and lift-shafts, staircases, roof spaces, gardens, yards, outhouses and garages - but would not include the individual flats themselves. Common areas do not include rooms within a private residence that are shared by more than one household, such as bathrooms, kitchens etc. in shared houses and communal dining rooms and lounges in sheltered accommodation.

What is the Duty?

The duty to manage asbestos requires the person who has the duty (ie the 'dutyholder') to:

• take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its quantity, where it is and what condition it is in.
• presume materials contain asbestos unless there is strong evidence that they do not
  make, and keep up-to-date records of the location and condition of the asbestos containing materials, or those presumed to contain asbestos
• assess the risk of anyone being exposed to fibres from the materials that have been identified
• prepare a plan that details 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 ensure 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
  There is also a requirement on others to co-operate as far as is necessary to allow the dutyholder to comply with the above requirements.