The duty to manage asbestos is a legal requirement under the Control of Asbestos Regulations 2012 (Regulation 4). It applies to the owners and occupiers of commercial premises (such as shops, offices, industrial units etc) who have responsibility for maintenance and repair activities. In addition to these responsibilities, they also have a duty to assess the presence and condition of any asbestos-containing materials. If asbestos is present, or is presumed to be present, then it must be managed appropriately. The duty also applies to the shared parts of some domestic premises.

How do dutyholders comply?

There are four essential steps:

1. find out whether the premises contains asbestos, and, if so, where it is and what condition it is in. If in doubt, materials must be presumed to contain asbestos.
2. assess the risk from asbestos present in the premises.
3. make a plan to manage that risk and act on it.
4. provide this information to other employers (eg building contractors) who are likely to disturb any asbestos present, so that they can put in place appropriate control while the work is being done.

Comprehensive advice on the duty to manage asbestos, including a step-by-step guide to help you manage asbestos in your buildings is available online.