New Legislation - The Control of Asbestos Regulations 2006

The Control of Asbestos Regulations came into force on 13 November 2006 (Asbestos Regulations - SI 2006/2739)

These Regulations bring together the three previous sets of Regulations covering the prohibition of asbestos, the control of asbestos at work and asbestos licensing. The Regulations prohibit the importation, supply and use of all forms of asbestos. They continue the ban introduced for blue and brown asbestos 1985 and for white asbestos in 1999. They also continue the ban the second-hand use of asbestos products such as asbestos cement sheets and asbestos boards and tiles; including panels which have been covered with paint or textured plaster containing asbestos.

The Duty to Manage

If you own, occupy, manage or have responsibilities for non-domestic premises, which may contain asbestos, you will have the following responsibilities: A legal duty to manage the risk from this material or a duty to co-operate with whoever manages that risk

The person responsible for a building is required to manage the risk from asbestos by: Taking reasonable steps to find asbestos on their premises and assess the condition of these materials, presuming that materials do contain asbestos unless there is strong evidence that they do not.

Preparing a record of the location and condition of asbestos, or presumed asbestos, materials and assess the risks from them. Preparing and implementing a plan to manage those risks; and providing information on the location and condition of the materials to anyone who is liable to disturb them.