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The duty to manage requires those who own, occupy and/or manage non-domestic premises to manage the risk from asbestos-containing materials (ACMs) in their premises. This includes all non-domestic premises, e.g. offices, factories, schools, hospitals, public buildings, and also includes the ‘common and communal areas’ to domestic premises such as flats.

Regulation 4 defines a ‘duty holder’ as the person (which could be a company) who is responsible for the management of asbestos within the premises. There may be more than one duty holder, and they are defined by Regulation 4 in terms of those who have an obligation (through contract or tenancy) for maintenance, or those who have a degree of control over the premises. The duty holder must make a suitable and sufficient assessment to determine the presence of asbestos in the premises.

Where asbestos is (or is liable to be) present, the duty holder must assess the risks posed by asbestos in their premises, and compile and maintain a written Asbestos Management Plan (AMP) to detail the management processes that are in place to prevent exposure, so far as is reasonably practicable. In most cases, the duty holder will be a corporate body such as an employer leasing a commercial building, or a landlord with maintenance responsibility for the fabric of a commercial building which is let to several tenants. HSE guidance also outlines that while the duty holder’s legal responsibilities cannot be delegated, they should nominate a competent person, e.g. an Appointed Person and possibly a deputy to ensure that asbestos is correctly managed.

The management of asbestos is a very detailed process and, as such, the HSE has issued an Approved Code of Practice and guidance which encompasses the requirements. This can be freely accessed using the following link – https://www.hse.gov.uk/pubns/books/l143.htm

Following the risk assessment, the Asbestos Management Plan (AMP) should be the pivotal document from which the whole asbestos management process is controlled and managed.

The Asbestos Management Plan should cover all aspects of the asbestos management process including (but not limited to):

• Identification of the person(s) responsible for managing the asbestos risk
• Access to a copy of the asbestos record or register and how to access it
• Instructions that any work on the fabric of the building cannot start without the relevant parts of the record/register being checked. The plan should include details for how this will be achieved. In particular, the plan should identify the procedures and arrangements to make sure the record/register is checked in good time before the work starts
• Checks that will be made to ensure that the information on the presence of asbestos has been understood and will be taken into account
• Checks that will be made in order that the correct controls will be used and that competent asbestos-trained contractors will carry out the work
• Plans for any necessary work identified from the risk assessment, e.g. repairs, protection or removal of ACMs
• The schedule for monitoring the condition of any ACMs
• Details of how to communicate the content of the management plan
• Contingency arrangements if the main contact person for asbestos risk management is not available
• Responsibility for completing priority assessment scores following on from any survey (where relevant)
• Decisions about management options
• Emergency procedures for dealing with the accidental release of asbestos fibre
• The role of employees and their responsibilities
• Training arrangements for employees and contractors
• Responsibility for oversight of the entries made on the management plan
• Procedure for review of the plan, including a timetable

The plan should be written in such a way that it can be regularly reviewed and updated. It is good practice for the plan to be version controlled and issue dated to demonstrate that it is a continual, ongoing process  document.

The Asbestos Management Plan (AMP) should be referred to within the Health and Safety Management ‘Arrangements Section’ of the organisation’s Health and Safety Policy. In larger organisations and organisations with multiple sites, there may also be a need for a separate Asbestos Policy. In these situations, the Asbestos Policy should outline the organisation’s intentions to manage the risks from ACMs. It should confirm that the organisation  will prevent exposure to asbestos and ACMs and outline the programmes that the organisation will follow to achieve the most effective management processes (e.g. items such as survey/inspection programmes, training, controlling works).

The overall Health and Safety Policy for the organisation should be signed by the highest serving officer within the organisation, e.g. the Chief Executive (CEO) or Managing Director, which will make reference to the separate Asbestos Policy where one is present.

Further guidance on asbestos management plans can be found on the HSE website using the following link – https://www.hse.gov.uk/asbestos/duty/asbestos-management-plan.htm and they also provide a blank asbestos management plan – https://www.hse.gov.uk/asbestos/assets/docs/blank-management-plan.docx

If you have any queries or are in need of specific Health & Safety advice, please use the contact form in the Health & Safety policy section of our system to contact a member of the AfterAthena team (part of the Napthens Group) who are able to offer your advice via email and a FREE virtual Health & Safety Audit