Knowledgebase  Duty to Manage

Duty to Manage

Legislation enacted in 2002, came into force on 21st May 2004 and set out the duty to manage asbestos in non-domestic premises by the 'duty holder' who is the person or organisation that has the responsibility for the maintenance or repair of non-domestic premises. The duty holder's duty of care extends to any person working at or visiting such premises.

The duty to manage asbestos contained in Regulation 4 of the Control of Asbestos Regulations 2012 requires the 'duty holder' to:

  • take reasonable steps to find out if there are ACMs in non-domestic premises, and if so, its amount, 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, a record of the location and condition of the ACMs, or materials which are presumed to contain asbestos
  • assess the risk of anyone being exposed to fibres from the materials identified
  • prepare a detailed plan setting out 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; and
  • provide information on the location and condition of the materials to anyone who is liable to work on them or disturb them.