CAR 2012 Regulation 4(4) requires that anyone carrying out building, maintenance, repair or refurbishment work in a care home where ACMs are present must be given relevant information about those materials before they start work. This duty applies to every works instruction.
Why this matters
Contractor notification failures account for a significant proportion of HSE CAR 2012 enforcement actions. The most common scenario: a plumber is sent to fix a leak and accesses a ceiling void without being shown the ACM register first. 'The contractors know the building' is not an acceptable defence.
What to do
- 1Before issuing any works instruction, check the ACM register for the area to be accessed and confirm what materials are present and whether they are in the contractor's work zone.
- 2Provide the contractor with a written briefing referencing the relevant ACM register entries before work begins an email with the register excerpt attached is sufficient. Retain a copy as evidence.
- 3Obtain signed RAMS from the contractor confirming they have received the asbestos information and their procedure if unexpected asbestos is found.
- 4Ensure contractors know the stop-work protocol: cease immediately, seal the area, notify the duty holder, do not re-enter until a specialist has assessed the area.
Primary source
HSE Asbestos: The Duty to Manage (CAR 2012 Regulation 4)
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