Part 1: A duty to manage asbestos in buildings

When asbestos is in good condition and intact it can be quite harmless. However, if it is disturbed or damaged and the fibres or dust inhaled, it can lead to diseases such as lung cancer or cancer of the lining of the chest and lungs. Its silent impact on health is never immediate and can result in death up to 40 years after initial exposure.

Because of stringent regulations banning the use of asbestos many people inadvertently assume that deaths from exposure will stop over time. However, past use of the material in buildings has meant that a deadly legacy remains.

The Health and safety Executive has estimated that around half a million commercial and public premises in Britain contain asbestos and in many cases no one is managing the risks.

Anyone working on such properties, such as plumbers, electricians or other contractors, may be unaware of the presence of the material, putting themselves and the occupants of the building at risk.

Duty to manage

At least a quarter of people currently dying each year from asbestos related diseases have worked in the construction industry and associated trades. With around 750 deaths each year this section of workers is now seen as largest group at risk in the UK.

As a result the Government has introduced a new 'duty to manage' asbestos in buildings under regulation 4 of the Control of Asbestos at Work Regulations (2002). Regulation 4 makes it clear who is responsible for the management of asbestos in buildings and what the 'dutyholder' must do in order to comply.

Although the Control of Asbestos at Work Regulations were introduced towards the end of 2002, regulation 4 does not come into force until 21 May 2004. The intention of the delay was to allow more time for compliance.

With this deadline fast approaching we look more closely at who exactly regulation 4 applies to, what the new law requires and what action must be taken in order to comply...