Part 3: A duty to manage asbestos in buildings

(a) Take reasonable steps to find materials in premises likely to contain asbestos and to check their condition.

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

(c) Make a written record of the location and condition of asbestos and presumed asbestos-containing materials (ACMs) and keep the record up to date.

(d) Assess the risk of the likelihood of anyone being exposed to these materials, and prepare a plan to manage that risk and put it into effect.

This plan must ensure that;

(i) any material known or presumed to contain asbestos is kept in a good state of repair,

(ii) any material that contains or is presumed to contain asbestos is, because of the risks associated with its location or condition, repaired or if necessary removed, and

(iii) information on the location and condition of the material is given to anyone potentially at risk.

Delegating the task

Although legal responsibility for these aspects of regulation 4 cannot be delegated, other people can be nominated to do all or part of the work. They should have "suitable competence and training" for this work and employees and safety representatives must be consulted in good time about the appointment of any such competent person(s) or organisation.

If a dutyholder chooses to appoint a third party to carry out a survey, they can assess their level of competence by checking for accreditation under ISO1702010 to undertake surveys for asbestos-containing materials.

Alternatively, they can check if an individual surveyor has 'personnel certification' from an organisation accredited under EN45013.11. The United Kingdom Accreditation Service (UKAS) is currently the sole recognised accreditation body in Great Britain.

If the inspection provides strong evidence to believe that there is no asbestos in the premises, nothing else needs to be done other than to note that the work has been carried out should a health and safety inspector need to see it.

However, the assessment must be reviewed if any new information is received to suggest that there may, after all, be some asbestos on the premises. If asbestos is, or is liable to be, on the premises, the next step is to decide how the risk from it will be managed.