Regulation 4; Duty to Manage Asbestos
This regulation applies to all non-domestic premises and common parts of domestic premises and places a legal duty on the ‘duty holder’ to take active steps to identify, manage and monitor asbestos containing materials (ACMs) in their building. Failure to comply with this regulation carries a maximum penalty of a £6000 fine.

Are you a duty holder?
According to the HSE Approved Code of Practice L127 the ‘dutyholder’ includes both employers and the self-employed if they have responsibilities for maintaining or repairing non-domestic premises and the owner of those premises whether they are occupied or vacant. The duties in regulation 4 will rest with the person in control of maintenance in the non-domestic premises, whether occupier/landlord.

What does the new Regulation 4 require?
In practical terms this will involve carrying out an inspection or survey of the building. Ideally, an independent expert can be appointed from a specialist organisation to undertake this work. The results of the inspection should indicate the locations of ACMs, the risk of fibre release from the material, the condition of the material and how likely they are to be damaged.

This information must then be recorded in an asbestos register and be maintained on site. for the life of each building and must be available, for example to any visiting contractor to prevent accidental exposure. This will detail where, if any, asbestos materials are located and what measures may be required to manage any risk the materials might present.

The report must also be shown to any contractors undertaking works within the building. Often this becomes most relevant during refurbishment works or other alterations to buildings where asbestos may be present. The register should be periodically updated to take account of any alteration in the condition of the materials identified.