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Control of Asbestos at Work Regulations 2012

From the 6th April 2012 the Control of Asbestos at Work Regulations 2012 (CAW Regs) will come into force to ensure 'Duty Holders' effectively manage asbestos within their buildings. This updates previous asbestos regulations to take account of the European Commission's view that the UK had not fully implemented the EU Directive on exposure to asbestos (Directive 2009/148/EC).

A 'Duty Holder' is anyone who has a responsibility for a building (a Director, Manager or Handyman). Failure to comply could result in investigation and possible prosecution by the Health & Safety Executive with the risk of substantial fines for businesses or individuals and potentially imprisonment for up to two years. This can be avoided by having an Asbestos Register compiled and effective management protocols in place.

Managing asbestos

The new regulation will create an definite duty to assess and manage the risks from asbestos in buildings. The risks will vary with circumstances diversifying from normal occupation of a building to the repair, refurbishment and demolition of the building, and they will each need to be assessed. This assessment will be used to produce a management plan which details the records the actions to be undertaken to manage and reduce the risk from asbestos. These requirements on employers are to:

• take reasonable steps to determine the location of materials likely to contain asbestos;
• presume materials to contain asbestos, unless there are good reasons not to do so;
• make and maintain a written record of the location of the asbestos and presumed asbestos materials;
• monitor the condition of asbestos and presumed asbestos materials;
• assess the risk of exposure from the asbestos and presumed asbestos materials and document the actions necessary to manage the risk; and
• take steps to see the action above are carried out.

To manage the risk from asbestos- containing materials you will need to:

• keep and maintain an up to date record of the location, condition, maintenance and removal of all asbestos-containing materials on the premises;
• repair, seal or remove, if there is a risk of exposure due to its condition or location;
• maintain it in a good state of repair and regularly monitor the condition;
• inform anyone who is likely to disturb it about the location and condition of the material;
• have arrangements and procedures in place, so that work which may disturb the materials compile with CAWR; and
• review the plan at regular intervals and make changes to the plan and arrangements if circumstances change.



Duty Holder Information


General Information



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