Asbestos Law for Business

Whatever form of business you are in, you are already aware of your responsibilities towards Health and Safety, however, you may not know this includes asbestos obligations or what you need to do about them.

Here is our guide to your asbestos duties:

Duty of Care - All Premises

  • Employers
  • Self employed
  • Tradespersons
  • Landlords
  • Homeowners/residents

Duty holder - this is the person or organisation that has responsibility or any element of control over a workplace.

Premises affected - this applies to all types of premises where work is being carried out, including normal places of work, client’s premises, rented or leased properties and at home.

Requirements
Ensure the safety of employees, contractors, other people within the vicinity and third parties who may be affected by their activities and make appropriate arrangements to protect them.

  • Find where asbestos exists on the premises and its condition before any work starts
  • Assess the risk of asbestos exposure
  • Prepare and follow a safe method of work to protect yourself and others
  • Ensure work is carried out by qualified, trained persons
  • Ensure appropriate equipment is used correctly to minimise risk to health

Duty to Manage - Non Domestic Premises

  • Directors
  • Managers
  • Landlords
  • Tenants
  • Agents

Duty holder - this is the person or organisation that has responsibility for maintenance and repair. Where a building is unoccupied, this is the responsibility of whoever has control of the premises.

Premises affected - this applies to all non-domestic premises, including all industrial, corporate, commercial or public buildings such as factories, warehouses, offices, shops, hospitals and schools. This also applies to common areas of domestic premises such as foyers, corridors, staircases, gardens and outhouses.

Requirements

  • Instruct an asbestos management survey of the premises
  • Establish where asbestos exists on the premises and monitor its condition
  • Assess the risk of exposure
  • Document an asbestos management plan and act on it
  • Make information available to occupants, contractors and tradespersons
  • Carry out regular checks and review annually
 

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence.