CareHomeDeskCareHomeDeskThe Control of Asbestos Regulations 2012 require every duty holder with responsibility for non-domestic premises to manage the risk from asbestos. For care homes, this means having a written asbestos management plan, a current asbestos register, and a process for informing contractors before work begins.
The Control of Asbestos Regulations 2012 place a legal duty to manage asbestos on anyone with responsibility for maintenance or repair of non-domestic premises, which includes care homes built or refurbished before the year 2000 when asbestos-containing materials were still in common use. The duty holder -- typically the registered provider or a nominated responsible person -- must take reasonable steps to identify the location and condition of any asbestos-containing materials and manage the risk they present, whether by monitoring, encapsulation or removal.
A compliant asbestos management approach has three linked components: an asbestos survey identifying where ACMs are or are presumed to be present, a written asbestos register recording the location, type and condition of each identified material, and a written asbestos management plan setting out how the risk from those materials will be controlled, including who is responsible, how often materials are reinspected, and the process for informing anyone who might disturb them.
Common gaps include a survey that is out of date or does not cover all areas of the building, a register that has not been updated following refurbishment works, a management plan that exists on paper but is not followed in practice, and -- most significantly -- a failure to reliably provide asbestos information to contractors before they start work. Each of these gaps individually can be sufficient grounds for HSE enforcement action if identified during an inspection or following an incident.
An asbestos management plan is not a one-off document. It should be reviewed whenever the building changes, following any refurbishment or repair works that could affect ACM condition, and at a minimum annually alongside the register reinspection cycle. The plan should also specify escalation steps if a material is found to be damaged or deteriorating, and confirm that any removal or remediation work is carried out by a licensed contractor where the type and condition of the material requires it.
Failure to have an adequate asbestos management plan is a criminal offence under CAR 2012, and HSE has prosecuted duty holders in the care and education sectors where management arrangements were found to be absent or inadequate. Beyond the legal risk, poor asbestos management creates a direct health risk to staff, contractors and, in some cases, residents, since asbestos-related diseases are incurable and typically fatal, making this one of the highest-priority compliance areas in building fabric management.
CareHomeDesk gives you compliance checklists, maintenance logs, and contractor management tools built around exactly this kind of knowledge.