15.1 Introduction

The risks associated with asbestos have been recognised for many years with regulations controlling its use in manufacturing processes introduced as far back as 1931. Further regulations progressively tightened controls on work involving asbestos, with the Control of Asbestos at Work Regulations 1987 containing a requirement for the assessment of work which exposes employees to asbestos . These Regulations preceded the COSHH Regulations which contained many similar requirements.

The Control of Asbestos at Work Regulations 2002 continued this requirement for a risk assessment of any asbestos work. However, Regulation 4 of the 2002 Regulations contained a new duty to manage asbestos in non-domestic premises . This requires dutyholders (as defined in the Regulation) to carry out assessments as to whether asbestos is or is liable to be present in the premises . Further changes are likely, as in 2005 the HSE opened a consultation process on proposals for new Control of Asbestos Regulations to replace the Control of Asbestos at Work Regulations 2002, the Asbestos Licensing Regulations 1983 and the Asbestos (Prohibition) Regulations 1992 with a single set of regulations.

Whilst only a limited number of employers are likely to be involved directly in work with asbestos, many more will occupy or be responsible for premises which are known or suspected to have ACMs within them. Consequently this chapter is primarily concerned with the duty to manage asbestos in premises, although it does contain some guidance and references of relevance to carrying out...