The Control of Asbestos Regulations 2012 (CAR 2012) Regulation 4 imposes a duty to manage asbestos on any person who has maintenance or repair responsibilities for non-domestic premises built before 2000. The duty requires a management survey from a UKAS-accredited surveyor, a written ACM register, and a documented management plan.
Why this matters
The absence of an asbestos management survey for a pre-2000 care home is a prima facie breach of CAR 2012. HSE enforcement data shows this is the single most common CAR 2012 violation in the care sector. If a contractor disturbs an unidentified ACM in a building without a survey, the duty holder faces criminal prosecution.
What to do
- 1Check whether your building was constructed before 2000 if so, the duty to manage applies regardless of when you acquired the property. If no management survey exists, commission one from a UKAS-accredited surveyor.
- 2Confirm the survey on file is a management survey (not a refurbishment or demolition survey) management surveys provide the baseline register and must cover all accessible areas.
- 3Review the ACM register and confirm each entry has a condition rating, recommended action and a unique material reference number for reinspection tracking.
- 4Ensure your asbestos management plan is written and current who holds the duty, how ACMs will be monitored, how contractors will be notified and the emergency response for accidental disturbance.
Primary source
HSE Managing Asbestos in Buildings (CAR 2012 Regulation 4)
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