The Control of Asbestos at Work Regulations 2002 stipulates the duty to manage asbestos in non-domestic premises. The duty came into operation on 21st May 2004

The regulation states that:

Everybody who has maintenance obligations or controls access to non-domestic premises is duty bound to manage the risks presented by asbestos containing materials (ACM’S).

In order to manage this risk the duty holder must ensure that an assessment is made as to whether asbestos is present in the premises.

The condition of any asbestos present must be assessed and reviewed, and a record of these assessments must be made.

The risk presented by ACM’S must be assessed.

A written plan identifying the parts of the premises concerned must be prepared.

The measures taken for managing this risk must be specified in a written plan.

The Health and Safety Executive have clearly stated their intention to vigorously enforce this legislation – this means heavy fines and possible prison sentences for those who fail in their duty.