What are my duties relating to asbestos?

If you are an employer, you already have a legal duty to prevent the exposure of your employees to asbestos under the Health & Safety at Work etc. Act 1974. A new explicit duty to manage asbestos in buildings under Regulation 4 of the Control of Asbestos at Work Regulations 2002 which came into effect on 1st May 2004 requires you to manage the risk from asbestos as follows:

  • identifying asbestos in the premises, its amount and what condition it is in;
  • presuming materials contain asbestos, unless you have strong evidence that they do not;
  • making and keeping up to date a record of the location and condition of any asbestos containing materials (ACMs), or presumed ACM's in your premises

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