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BBPA Guidance: Duty to Manage Asbestos in Licensed Premises


The Control of Asbestos Regulations 2006 (CAR) includes an explicit duty to manage asbestos in non-domestic premises. This was first introduced in 2002, coming into effect in 2004. While virtually all production activities involving potential exposure to asbestos have now ceased, research and evidence shows that there remains considerable risk from accidental exposure to asbestos.


An owner, occupier or manager of commercial premises, including licensed retail outlets (but not parts of those premises which are a private domestic dwelling) that may contain asbestos, has the following responsibilities:


• a legal duty to manage the risk from this material if they are responsible for the maintenance and repair of the premises;

• or a duty to co-operate with whoever manages that risk


Under the “duty of co-operation” make available to those responsible for managing these risks, any information on the whereabouts of asbestos material and/or allow access to the premises to inspect them for asbestos.


Under the Health and Safety at Work Act 1974, it is important to recognize that the duty holder responsible for the domestic areas within the retail outlet are also responsible to provide all information relating to the risks to any third party who may be effected by them, such as contractors.


The aim is to protect workers who may come across asbestos during the course of their day to day activities. This should also result in protection of any other people who are using the premise they are working on.


Resources

» Duty to Manage Asbestos in Licensed Premises Guidance Document