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Are You The Duty Holder?

25th March 2020

The duty holder is the owner of the non-domestic premises or the person or organisation that has clear responsibility for the maintenance or repair of non-domestic properties for example through an explicit agreement such as a tenancy agreement or contract.

Secondly, the duty holder must comply with Control of Asbestos Regulations 2012 and reduce the risks of exposure to asbestos as far as reasonably practicable:

There are three essential steps to firstly assessing the risks:

  1. Assess – using a trusted asbestos service provider, you can assess whether the premises contain asbestos through an asbestos survey. Your asbestos survey report will be able to tell you both the condition and the location of asbestos, as well as the risk factor. 
  2. Conditionassess the risk from the asbestos present in the premise
  3. Location – is the building occupied? Depending on the risk, you may need to restrict occupancy of the building until the asbestos has been safely removed or managed and you have attained a certificate for reoccupation.

The next steps are to manage the risks:

  1. Prepare and implement a management plan
  2. Review risk levels and record findings
  3. Assess work which exposes employees to asbestos
  4. Share information with anyone potentially at risk such as other employers (eg building contractors) who are likely to disturb any asbestos present, so that they can put in place appropriate controls while the work is being done.
  5. Use measures to control exposure to the lowest practicable level

What can happen if I don’t manage my asbestos risks

The cost of getting it asbestos management wrong can result in:

  • Lower Courts – Unlimited Fine and up to 6 months imprisonment
  • Higher Courts – Unlimited Fine and up to 2 years imprisonment

Ultimately, getting asbestos management wrong poses risks to both human life and the environment. 

Be proactive when managing your asbestos risks. Get in touch with our asbestos management team and find out about Lucion’s best practices: Contact Us

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