The Control of Asbestos Regulations apply to a broad range of individuals and organisations. Discover the aims of the regulations, whether they apply to you and how to meet key requirements.
Why were the Control of Asbestos Regulations 2012 introduced?
Asbestos, a hazardous material once widely used in construction, presents serious health risks if disturbed and inhaled.
Asbestos was widely used in the UK before its full ban in 1999, particularly in construction materials like insulation, roofing, and floor tiles. Many older buildings still contain asbestos, and disturbing these materials can release hazardous fibres.
The Control of Asbestos Regulations 2012 were introduced to protect workers and the public from the significant health risks associated with asbestos exposure by:
Preventing asbestos exposure
The primary goal of the Control of Asbestos Regulations 2012 is to prevent exposure to asbestos fibres.
Asbestos can cause severe health issues, including lung cancer, asbestosis, mesothelioma, and heart disease. These diseases often have long latency periods, meaning symptoms may not appear for decades.
The Control of Asbestos Regulations 2012 aim to prevent any disturbance of asbestos-containing materials (ACMs) that could release fibres into the air.
Managing asbestos in existing buildings
Asbestos must be identified and properly managed in all non-domestic buildings that were built before 2000.
The regulations ensure that duty holders take responsibility for identifying, assessing, and managing the risks posed by asbestos (see ‘Who does the Control of Asbestos Regulations apply to?’ below).
Providing a framework for risk assessment
The regulations require dutyholders to conduct thorough risk assessments to identify any asbestos-containing materials. This involves assessing the condition of ACMs and determining the likelihood of disturbance.
The risk assessment is the foundation of the asbestos management plan, guiding necessary actions to minimise exposure. This approach ensures that risks are understood, documented, and properly managed.
Promoting safe working practices
For those who work in environments where asbestos may be present, the regulations ensure that safe practices are followed. This includes using suitable personal protective equipment (PPE), employing methods to minimise the release of asbestos fibres, and following established procedures when working with or near ACMs.
Workers must be trained in asbestos awareness to prevent accidental exposure.
Regulating asbestos removal
Where asbestos removal is necessary, the regulations mandate that this work is carried out by competent and licensed contractors. The aim is to control and reduce exposure during high-risk activities such as maintenance or demolition.
The regulations establish strict procedures for the removal, transportation, and disposal of asbestos materials, reducing the risk of exposure to workers and the public.
Raising awareness through training
A vital aspect of the regulations is to increase awareness of asbestos risks through mandatory asbestos training for employees. Anyone who works in buildings constructed before 2000 and performs duties that may expose them to asbestos should take asbestos awareness training.
By raising awareness, training aims to prevent accidental exposure and ensure that asbestos-related risks are well understood.
Ensuring compliance and accountability
Another aim of the regulations is to ensure that organisations and individuals are held accountable for asbestos management. We talk about who has a legal duty to comply with the requirements set out in the regulations below.
Penalties for non-compliance with the regulations are severe, ensuring that there is a strong incentive to follow the rules and protect health and safety.
Supporting a national strategy to eliminate asbestos-related diseases
The Control of Asbestos Regulations 2012 are part of a broader national effort to eliminate asbestos-related diseases in the UK. The regulations support the Health and Safety Executive’s (HSE) strategic goals to reduce the incidence of asbestos-related illnesses through improved awareness, management, and enforcement of safety standards.
Who does the Control of Asbestos Regulations apply to?
The Control of Asbestos Regulations 2012 apply to anyone responsible for managing, maintaining, repairing or working in environments where asbestos might be present.
‘Dutyholders’ have particular responsibilities.
Regulation 4 of the Control of Asbestos Regulations 2012 defines a dutyholder as:
(a) every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access or egress to or from those premises; or
(b) in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access or egress to or from those premises…
However, everybody who works in a building that may contain asbestos has a duty to ‘cooperate with the dutyholder so far as is necessary to enable the dutyholder to comply with the duties set out under this regulation’.
Building owners and occupiers
Under Regulation 4 of the Control of Asbestos Regulations 2012, building owners and occupiers have a duty to manage asbestos in non-domestic premises. Their responsibilities include:
- Asbestos surveys and registers. Building owners and occupiers must arrange to carry out a thorough survey of the premises to identify any asbestos-containing materials. The findings should be recorded in an asbestos register, detailing the location, condition, and type of asbestos found.
- Creating an asbestos management plan. Once asbestos has been identified, building owners or occupiers must develop a detailed asbestos management plan. This plan states how asbestos will be monitored, maintained, or removed to prevent exposure. It should also include procedures for dealing with any incidents where asbestos may have been disturbed.
- Communicating risks. It is crucial that building owners and occupiers communicate any asbestos-related risks to anyone who might work in or use the building, such as contractors, tenants, and maintenance staff. They must be informed of the location of asbestos-containing materials and the measures in place to control the risk.
Landlords
Commercial and non-domestic landlords are responsible for ensuring that their tenants are safe from asbestos exposure.
They must:
- Assess and manage asbestos risks. Landlords are required to ensure asbestos surveys are carried out in their properties and, where necessary, create an asbestos management plan. They must ensure that the plan is kept up to date and that any ACMs are regularly checked and maintained.
- Inform tenants: Landlords have a duty to inform their tenants about the presence and location of asbestos-containing materials within the property. They must also provide details on how the asbestos risk is being managed and any safety measures in place.
- Ensure safe maintenance work. Landlords must ensure that any maintenance work carried out on their properties is done in a way that does not disturb asbestos materials. Contractors and other workers must be informed about the presence of asbestos and given guidance on how to avoid exposure.
Employers
Employers have a duty to protect their employees from asbestos exposure under the regulations. In addition, the Health and Safety at Work Act 1974 places a duty on employers to control all risks to employees’ health and safety, which would include asbestos.
An employer’s responsibilities include:
- Risk assessment. Employers must ensure the risks of asbestos exposure in the workplace are assessed by a competent person. This involves identifying whether asbestos-containing materials are present and determining the likelihood of their disturbance.
- Implementing control measures. Once asbestos risks have been identified, employers must ensure control measures are implemented to prevent exposure. This may include restricting access to certain areas, encapsulating asbestos materials, or removing them entirely under controlled conditions.
- Providing training. Employers are responsible for ensuring that all workers who may come into contact with asbestos receive appropriate training. This includes not only those directly handling asbestos but also others who may unknowingly disturb asbestos-containing materials, such as electricians or maintenance staff.
- Monitoring and maintenance. Employers must ensure the condition of any identified asbestos is regularly monitored and that proper maintenance procedures are in place to manage and mitigate risks over time.
Self-employed workers
Self-employed workers who may come into contact with asbestos in their work also have significant responsibilities under the regulations. This includes plumbers, electricians, and builders who might unknowingly disturb asbestos-containing materials in older buildings.
- Risk awareness and assessment. Self-employed people must ensure the risk of asbestos is assessed by a competent person before beginning a project. If asbestos-containing materials are suspected, they should stop work and seek further information or testing to confirm the presence of asbestos.
- Following safe practices. Self-employed workers must strictly follow safe working procedures when working with or near asbestos. This involves using the correct personal protective equipment (PPE), employing dust suppression techniques, and working in controlled environments to minimise asbestos fibre release.
- Training. Just like employees, self-employed workers must ensure they are trained in asbestos awareness and understand how to safely work in environments where asbestos could be present. The level of training required depends on the type of work being done, with some tasks requiring specialised training and certification.
Asbestos Awareness Training for employees
The Control of Asbestos Regulations apply to anyone responsible for managing, maintaining, or working in environments where asbestos might be present.
Our Asbestos Awareness Training supports compliance with the regulations by ensuring that employees understand the risks of asbestos, where asbestos is found, and the legal requirements of duty holders.
Find out more about Asbestos Awareness Training on our website, or contact our friendly team on 0203 011 4242/info@praxis42.com
Adam Clarke
Managing Director (Consulting)
