Articles

Asbestos at Work Regulations

The Control of Asbestos at Work Regulations 2002 came into effect on 21 May 2004 but remain overlooked by many employers and business owners.

Failure to comply with the Regulations is a criminal offence which may be prosecuted by the HSE and carries the risk of a fine or imprisonment for up to 2 years or both. Individual officers and senior executives may also face prosecution if they have consented or contributed to the commission of the offence by the company.

Even if you are planning to sell your business or its premises in the near future, it is important to appreciate that a prudent purchaser will require evidence that you have complied with the Regulations and will impose contractual obligations and liability on you for any failure to do so. The purchase price is also likely to be adversely affected.

The Regulations set out who is responsible as the ‘duty-holder’ which definition is not limited to property owners, but can also include landlords, tenants and anyone involved in the management and construction of property. Who the duty-holder is will depend on the facts of each case, including any contractual obligations on the parties to manage the premises. ‘Non-domestic’ premises includes common parts of housing developments and blocks of flats.

Under the Regulations, such persons are under a legal duty to manage asbestos. This requires that the premises must be assessed and that any asbestos materials present and the condition of these materials identified and recorded, and that appropriate plans are made and implemented for the management of the risks from asbestos. If the person carrying out the assessment is not responsible for managing the premises, for example if the landlord’s consent is required before any works are carried out, that person must cooperate with whoever is responsible.

The Regulations therefore require a proactive approach and it is insufficient merely to deal with asbestos contamination as and when it is noticed.



For further information on this or other aspects of commercial property law, please contact law@nash.co.uk.