Duty to Manage Asbestos, in brief, for premises built
before the year 2000:
IDENTIFY if you have ACMs in your
premises with a managing survey.
LIST all ACMs found in
a premises specific Asbestos Register.
CREATE a Management Plan to identify
what is required.
MANAGE the ACMs as detailed within
your Management Plan
IDENTIFY any other ACMs with a
Refurb/Pre Demo Survey
MANAGE the ACMs detailed within the
Refurb/Pre demo Survey
UPDATE your management
plan following any remediation work.
Basic description of how to comply with your duty to
If a commercial premises
was built before the year 2000, it must have an Asbestos
Register (Reg 4 Duty to Manage). The register details
whether Asbestos Containing Materials (ACMs) are present to enable
them to be managed. To create a register you need an
Asbestos Management Survey carried
During the survey potential
ACMs must be presumed to contain asbestos, until proven
otherwise, so it is generally better to have them sampled
to provide the required proof. This ensures that you only
manage confirmed ACMs rather than having the ongoing expense of
managing non asbestos containing materials included under a
If any ACMs are identified
during the survey, even if they are only presumed, you need an
Asbestos Management Plan to detail how you are
going to manage the risk and to aid planning any remediation work
that you may require.
Domestic and Commercial Premises
If you are planning any work
that has the potential to disturb the fabric of a building,
i.e. disturbing ceilings, walls, or floors to fit a new
kitchen or new electrics for example, you must have an
Asbestos Refurbishment or Pre Demolition Survey
carried out. Example scenario
This additional information
must be added to, or be used to create, your Management
Plan prior to carrying out any work.
The asbestos register and
management plan must be provided, during the planning stages,
to all people who will be working on site, i.e. asbestos
remediation contractors, plumbers, electricians, general
contractors etc., all of which should request it prior to
starting work. This applies to both domestic and commercial
premises and supports the Duty of Care regulations.
If you have identified ACMs in
your premises, you need to use your management plan to
help you prioritise any potential work that you deem necessary
from the risk assessments contained within the survey and
Bear in mind that the survey
may identify a high risk, but with your knowledge of the
premises, you may decide that you can restrict access to the
area until remediation work can be carried out at a later
date. You may decide that other items are a
higher risk, possibly due to their location so it is essential that
you plan or are heavily involved in planning any works.
Ideally, any works involved in
managing the asbestos, be it removal, enclosure or
encapsulation, should be carried out prior to any other
contractors arriving on site. This enables your management
plan to be as current and accurate as possible when it is supplied
to the other contractors and should ensure that all follow on works
can be carried out with full understanding of any ACMs left on
For completely independent information, the Health &
Safety Executive (HSE) have written 12 steps to managing asbestos.
A direct link to the first step can be found by clicking on the
yellow rectangle to the left that asks "Duty to Manage, Do you