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51 - 59 Rose Lane, 
Norwich, NR1 1BY 
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Duty to Manage

Duty to manage asbestos - General information

Our company specialises in undertaking asbestos management surveys for customers throughout Norfolk & Suffolk
Contact Asbestos Survey Solutions Ltd today. 

Duty to manage - Health & Safety Law

On 6th of April 2012 the Control of Asbestos Regulations came into force updating and replacing the previous 2006 law. 

Regulation 4 'The Duty to Manage' placed an obligation on duty-holders of all non-domestic / commercial premises to undertake a suitable and sufficient assessment to establish the presence of asbestos and to manage the risks posed by their existence.

In order to do this, the duty holder must:

  • Take reasonable steps to find out if there are materials containing asbestos in within non-domestic premises, and if so, record the extent, where it is and what condition it is in.
  • Presume materials contain asbestos unless there is strong evidence to presume otherwise.
  • Produce, and keep an up-to-date record of the location and condition of the asbestos containing materials or presumed asbestos containing materials.
  • Assess the risk of anyone being exposed to fibres from the identified asbestos materials.
  • Produce a plan that details how the risks from these materials will be managed.
  • Take the necessary steps to ensure the plan is put into action;
  • Periodically review and monitor the plan and ensure that the plan remains relevant and up-to-date.
  • Provide information on the location and condition of the materials to building occupiers, visiting tradesmen and persons undertaking building maintenance work or anyone who is liable to work on or disturb the asbestos materials.
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Who has responsibility for asbestos?

The duty holder is defined as the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises through an explicit agreement such as a tenancy agreement or contract. In cases where there may be no tenancy agreement or contract. Or, if there is, it may not specify who has responsibility for the maintenance or repair. In these cases, or where the premises are unoccupied, the duty is placed on whoever has control of the premises, or part of the premises. Often this will be the owner.
More information regarding the management of asbestos in buildings can be accessed by clicking on the link below to direct you to the HSE website; HSE Asbestos Management Information
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We have used Asbestos Survey Solutions on a number of occasions and will continue to do so. Excellent quality, prompt service and friendly approach.
- Sarah Smith, Operations manager - Castle Mall
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Are you aware?

More people die each year as a result of exposure to asbestos than any other industrial disease. Due to a lack of knowledge regarding the risks from asbestos business owners may be unwittingly putting the health of employees and customers at risk; furthermore the duty-holder could be liable for any or all of the following:

Penalties for non-compliance
  • Unlimited company fines and personal fines of up to £20,000
  • Closure of premises by HSE inspectors
  • A custodial sentence of up to 2 years
  • Disqualification of directorship
In addition, many insurance companies may refuse to renew your policy unless you have identified any potential asbestos risks and developed an asbestos management plan.
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