Who does the control of asbestos regulations apply to?

Asbestos exposure is a serious health hazard. In order to minimize risks, the Control of Asbestos Regulations (CAR) have strict rules around asbestos management and removal. But who exactly do these asbestos regulations apply to? This article will explain which individuals and organizations have duties under CAR. Control of Asbestos Regulations establish guidelines for asbestos management, protecting people from its harmful effects.

They dictate safe handling, removal, and disposal practices, ensuring worker and public safety. These regulations are essential in preventing asbestos-related health risks and promoting a safer environment in various settings.

What we covered:

• What is the control of asbestos regulations
• Control of Asbestos Regulations 2012
• Categories under regulation: duty holders and employers
• Duty Holders
• Employers
• Organisation subject to Asbestos regulations
• Individual subject to Asbestos Regulations
• Licensed Asbestos Removal Procedures
• Penalties for Control of Asbestos Regulations 2012 non-compliance
• Why Asbestos is Still a Problem?
• Regulations Protecting Everyone From Asbestos Exposure
• Control of Asbestos Regulation 2012
• Previous Asbestos Regulation before CAR 2012

What is the Control of Asbestos Regulations?

The Control of Asbestos Regulations are a series of rules and regulations created by the British government to control the dangers connected to asbestos exposure.

These standards specify how to detect, evaluate, and properly handle items containing asbestos in a variety of settings, including workplaces and structures.

They offer advice on asbestos surveys, risk evaluations, instruction, and the correct handling of asbestos waste. These laws are intended to safeguard the general public, employees, and building occupants from the health risks presented by asbestos fibers.

Control of Asbestos Regulations 2012

The Control of Asbestos Regulations 2012 apply to different people at different times. This section will help clarify who the regulations apply to if you have responsibility for or work in any non-domestic establishment.

Regardless of the business or industry, the Control of Asbestos Regulations 2012 cover all commercial, industrial, and public structures, including:

• Schools, colleges and universities
• Hospitals, clinics, and healthcare facilities
• Private and public offices
• Retail establishments like stores, restaurants, hotels
• Transportation facilities and vehicles
• Religious establishments
• Leisure and entertainment venues

In essence, any non-residential building used for work, commercial or public activities falls under the regulations. This also includes the common areas of rented domestic properties.

Categories under Regulation: Duty Holders and Employers

The two main categories of people who have duties under the regulations are ‘Duty Holders’ and ‘Employers’. These individuals often then delegate asbestos responsibilities to others like safety officers, managers, maintenance staff etc.

Duty Holders

The ‘Duty Holder’ is the person responsible for maintaining and managing a non-domestic premises. This is usually the owner, landlord, facilities manager or person in charge of the building.

Regulation 4 of the Control of Asbestos Regulations 2012 obliges the duty holder to:

• Take reasonable steps to find and identify any asbestos or asbestos-containing materials present in the building(s) they are responsible for.
• Assess the condition of any asbestos identified.
• Presume materials contain asbestos unless testing proves otherwise.
• Maintain an asbestos register detailing type, amount and condition.
• Have a plan to manage asbestos risks by repair, removal, enclosure etc.
• Share the asbestos register with anyone who may disturb asbestos.

These duties apply to any non-domestic structure built before 2000 and aim to prevent exposure.

Employers

Under Control of Asbestos Regulation 2012, employers have obligations to protect their employees from asbestos, including:

• Ensuring employees who may encounter asbestos have asbestos awareness training.
• Providing proper personal protective equipment as needed.
• Having emergency procedures in case of asbestos disturbance.
• Ceasing work if employees may disturb or damage asbestos.
• Following all legal protocols around licensed asbestos removal.

Employers must work collaboratively with Duty Holders to access asbestos information and operate safely in premises.

Organisations Subject to Asbestos Regulations

The Control of Asbestos Regulations place legal duties on several organisations that own, maintain, or work with asbestos in premises. These include:

Building Owners and Facility Managers

Building owners/facility managers have a ‘duty to manage’ asbestos. These duties aim to protect workers and occupants from asbestos exposure risks.

According to the Control of Asbestos Regulations (CAR) 2012, building owners and facility managers have the following legal duties:

• Identify and locate any asbestos or asbestos-containing materials in the building(s) they are responsible for. This requires asbestos surveys.
• Presume materials contain asbestos unless testing proves otherwise.
• Maintain an up-to-date asbestos register detailing the location, type and condition of asbestos.
• Assess the risk from any identified asbestos materials.
• Have a plan to manage asbestos risks through removal, enclosure, repair etc.
• Ensure the asbestos register is shared with anyone who may work on or disturb asbestos at the site.
• Review and monitor the condition of asbestos periodically.
• Arrange safe removal or remediation of deteriorating asbestos.
• Follow all legal obligations for licensed asbestos removal if undertaken.

Employers

Employers must protect their staff from the risks of asbestos exposure. The primary responsibility for the well-being and safety of employees concerning asbestos lies with the employers.

According to the Control of Asbestos Regulations (CAR) 2012, employers have the following legal obligations:

• Ensure employees who may encounter asbestos receive adequate asbestos awareness training.
• Provide proper respiratory protective equipment to employees as required.
• Have emergency procedures in place in case of accidental asbestos disturbance.
• Stop any work by employees if it is likely to disturb or damage asbestos-containing materials.
• Follow all legal protocols around licensed asbestos removal using licensed contractors.
• Prevent employees from carrying out unlicensed asbestos removal.
• Ensure employees follow safe work practices around asbestos.
• Collaborate with building owners/managers to access asbestos information.
• Maintain health records for employees exposed to asbestos.
• Report cases of diseases linked to asbestos exposure.

Asbestos Removal Companies

Licensed asbestos removal companies must follow stringent procedures to safely contain, remove and dispose of asbestos while protecting workers and the public.

They are highly regulated given the dangerous nature of their work.

According to the Control of Asbestos Regulations 2012, asbestos removal companies have the following key duties:

• Be licensed by the Health and Safety Executive (HSE) to conduct asbestos removal work.
• Submit a plan before undertaking any licensed asbestos removal describing methodology, equipment, waste disposal etc.
• Use only trained employees who have had medical examinations and fit testing for proper respirators/PPE.
• Follow notification procedures before and after doing licensed work.
• Use appropriate techniques like wetting asbestos, using enclosures, and negative air pressure.
• Prevent release and spread of asbestos fibers during removal work.
• Safely package and label asbestos waste for disposal at approved sites.
• Clean work areas thoroughly using specialist equipment like vacuum cleaners and air monitoring.
• Provide reassurance air testing and certificates on successful clearance of work areas.
• Follow all other regulations set out for licensed contractors and asbestos removal.

Asbestos Surveyors

Accredited asbestos surveyors identify and assess asbestos materials through inspections, sampling and laboratory analysis.

They provide clients with reports on asbestos presence and advise on appropriate control measures.

According to the Control of Asbestos Regulations 2012, asbestos surveyors have the following duties:

• Be trained and accredited by UKAS approved organizations to identify and sample asbestos materials.
• Inspect properties and assess if asbestos-containing materials are present.
• Presume materials contain asbestos unless testing proves otherwise.
• Take samples for laboratory analysis if required.
• Identify the location, type, condition and extent of any asbestos found.
• Assess the level of asbestos risk through factors like material damage, accessibility, and fiber release potential.
• Provide a written report to clients detailing asbestos present and recommended actions like further sampling, monitoring, removal etc.
• Follow safety procedures when disturbing asbestos to take samples.
• Recommend options for control, repair, encapsulation or licensed removal of identified asbestos.

Individuals Subject to Asbestos Regulations

In addition to organizations, the CAR rules also apply to individuals who work with or may disturb asbestos. These include:

Maintenance Workers

Maintenance workers must avoid any work on asbestos materials unless trained and follow procedures to prevent accidental exposure for themselves and building users. They need awareness to identify asbestos risks.

According to the Control of Asbestos Regulations 2012, maintenance workers have the following duties related to asbestos:

• Complete asbestos awareness training to recognize and avoid asbestos.
• Check the asbestos register before any work that may disturb building fabric.
• Presume materials contain asbestos unless confirmed otherwise by testing.
• Stop work immediately if materials are uncovered that may contain asbestos.
• Not work on asbestos-containing materials unless trained, competent and have appropriate PPE.
• Follow safety protocols if asbestos is accidentally disturbed.
• Undergo medical surveillance if carrying out notifiable non-licensed asbestos work.
• Attend refresher asbestos awareness courses as required.
• Report any concerns about condition of asbestos materials.
• Avoid activities like drilling holes that may damage sealed asbestos.

Construction Workers

Construction workers must not disturb asbestos and must use licensed contractors for asbestos remediation. They need training to identify risks.

According to the Control of Asbestos Regulations 2012, construction workers have the following asbestos-related duties:

• Ensure any buildings they are working on have had a recent asbestos survey completed.
• Check the asbestos register before starting work and presume materials contain asbestos.
• Stop all work immediately if unknown materials are discovered that could contain asbestos.
• Avoid any activities that may disturb or damage asbestos-containing materials.
• Follow safety procedures if asbestos is accidentally disturbed during their work.
• Only allow licensed asbestos removal contractors to undertake any asbestos removal required.
• Prevent unlicensed removal of asbestos by their staff or sub-contractors.
• Follow all control measures and exclusion zones if licensed asbestos removal is taking place.
• Undergo asbestos awareness training to recognize potential asbestos.

Electricians

Electricians should presume asbestos presence and avoid disturbance during their work unless testing confirms asbestos-free materials. Proper procedures must be followed if asbestos is encountered.

According to the Control of Asbestos Regulations 2012, electricians have the following asbestos duties:

• Presume any equipment or materials they work on contain asbestos unless proven otherwise. This is especially important for older wiring insulation and fuse panels.
• Check the asbestos register and request testing to confirm or refute asbestos presence if working on older electrical systems.
• Cease work immediately if asbestos is discovered or presumed in electrical panels, wiring etc.
• Avoid damage to asbestos-containing materials like insulated pipes or ceiling tiles when installing cables.
• Follow safety procedures if asbestos is accidentally disturbed during electrical work.
• Only allow licensed asbestos removal contractors to undertake any asbestos remediation required during electrical upgrades or maintenance.
• Undergo asbestos awareness training to recognize materials that may contain asbestos.

Plumbers

Plumbers should assume asbestos presence when working on older systems and must avoid disturbance. Proper procedures need to be followed if asbestos is encountered during plumbing work.

According to the Control of Asbestos Regulations 2012, plumbers have the following asbestos duties:

• Presume asbestos is present in any pipe insulation, water tanks, boilers or other equipment worked on, especially in older systems.
• Check the asbestos register and request testing before working on materials that may contain asbestos.
• Stop work immediately if asbestos is discovered or presumed during plumbing work.
• Avoid damaging asbestos-containing materials like insulated pipes or walls when doing pipe installations.
• Follow safety protocols if asbestos is accidentally disturbed during plumbing work.
• Only allow licensed asbestos removal contractors to undertake any asbestos removal required as part of plumbing repairs or upgrades.
• Undergo asbestos awareness training to recognize materials likely to contain asbestos.

Facilities Management Staff

Facilities management staff need training to identify risks. They help manage asbestos day-to-day and arrange professional assistance as required.

According to the Control of Asbestos Regulations 2012, facilities management staff have the following asbestos duties:

• Receive adequate asbestos awareness training to recognize and avoid asbestos risks during maintenance and custodial work.
• Check the asbestos register before any work that disturbs the fabric of the building.
• Presume materials contain asbestos unless confirmed otherwise by testing.
• Isolate and lock-off any identified or presumed asbestos materials discovered that may be damaged or disturbed.
• Monitor the condition of known asbestos and arrange professional assistance for any repairs, sealing, removals etc. needed.
• Properly dispose of any small amounts of asbestos waste generated during minor work.
• Follow safety protocols if asbestos is accidentally disturbed during maintenance activities.
• Arrange specialized asbestos surveys if the register is incomplete or more information is needed.

All Staff Working in Pre-2000 Buildings

Staff working in pre-2000 buildings must undergo training to effectively identify risks associated with asbestos. They play an integral role in the day-to-day management of asbestos-related concerns and take necessary steps to engage professional expertise when needed.

According to the Control of Asbestos Regulations 2012, all staff working in pre-2000 buildings have specific responsibilities related to asbestos safety:

• Receive training to recognise and manage asbestos risks during maintenance and cleaning tasks.
• Consult the asbestos register before beginning any work that might affect the building’s structure.
• Assume materials contain asbestos unless tests prove otherwise. Handle such materials with care.
• Secure identified asbestos materials to prevent accidental exposure or damage.
• Monitor known asbestos and arrange expert help for repairs, sealing, or removal as required.
• Handle and dispose of small amounts of asbestos waste from minor tasks safely.
• Follow safety protocols if asbestos is accidentally disturbed during maintenance.
• Organise specialised surveys if the asbestos register lacks information or further assessment is necessary.

Licensed Asbestos Removal Procedures

Since asbestos is so hazardous, its removal is strictly regulated. Licensed removal involves:

• Submitting a removal plan with methodology, PPE, waste disposal etc.

• Isolating the asbestos work area with sealed barriers. 

• Posting clear warning signs about asbestos hazard.

• Wearing appropriate respirators, coveralls and decontamination.

• Wetting asbestos to prevent airborne fibers during removal.

• Sealing waste securely in labeled asbestos disposal bags.

• Cleaning the area thoroughly using specialist vacuums.

• Obtaining final air test clearance certification after work complete.

Penalties for Control of Asbestos Regulations 2012 Non-Compliance

The HSE strictly enforces asbestos regulations and can impose heavy penalties for non-compliance. Fines include:

• Up to £20,000 for each breach of health and safety duties.

• £20,000 fine for failing to have an asbestos management plan.

• Unlimited fines and up to 2 years in prison for unlicensed work.

• Stoppage of work until CAR requirements are met.

• Personal liability and prosecution for individuals involved.

Asbestos Removal Without a Licensed Contractor

• Contravenes CAR and may be considered illegal dumping.

• Non-licensed work likely done unsafely without precautions.

• Can spread asbestos throughout premises and neighborhood.

• Offenders face heavy fines, cleanup costs and prosecution.

Regulations Protect Everyone from Exposure 

At the end of the day, the Control of Asbestos Regulations aim to protect all individuals from the dangers of asbestos. While organizations, employers and workers have clear duties outlined, the rules ultimately serve to prevent asbestos-related deaths from this hazardous material. Compliance ensures public health.

Control of Asbestos Regulations 2012

In 2012, the regulators updated the Control of Asbestos Regulations to better align with EU directives on asbestos exposure. While the regulators kept many requirements the same, they made some changes around non-licensed asbestos work.

Key aspects that stayed the same include needing asbestos management plans, following regulations on licensed removal work, exposure limits, and training requirements. If sealed and undisturbed, one can leave asbestos in place.

The main changes are:

• Some non-licensed asbestos work now requires notification to relevant authorities.
• For notified non-licensed jobs, the workers must keep brief records. This does not require the workers to perform air monitoring if they can estimate exposure.
• By 2015, workers doing notifiable non-licensed asbestos work need health surveillance by a doctor. This is not required for those already monitored for licensed work.
• Language was modernized and aligned with other chemical safety regulations.

While regulations were updated in 2012, the core responsibilities around licensed work, legal exposure limits, training and management plans remain largely unchanged for duty holders. Key additions are mainly around reporting and health checks for specific non-licensed tasks.

Previous Asbestos Regulations Before CAR 2012

• Control of Asbestos Regulations 2006
• Control of Asbestos at Work Regulations 2002
• Asbestos (Prohibitions) (Amendment) Regulations 1999 
• Control of Asbestos at Work Regulations 1998
• Asbestos (Licensing) (Amendment) Regulations 1998
• Asbestos (Prohibitions) Regulations 1992
• Control of Asbestos at Work Regulations 1987
• Asbestos (Licensing) Regulations 1983
• Asbestos Regulations 1969

Key Highlights of Previous CAR:

• Control of Asbestos at Work Regulations 2002 introduced asbestos management duty for premises. This required identification, risk assessments and management plans for asbestos.

• Asbestos (Prohibitions) Regulations 1992 prohibited supply and new use of asbestos products.

• Asbestos (Licensing) Regulations 1983 introduced the requirement for licensed contractors to undertake most asbestos removal work.

• Asbestos Regulations 1969 first established asbestos exposure limits and regulations around handling and working with asbestos.

The Control of Asbestos Regulations have been periodically updated over the decades to introduce tighter regulations as the dangers of asbestos became more evident.

The latest 2012 version aligned closer with European standards. However, the core responsibilities have largely continued from earlier asbestos regulations in the UK.

In Conclusion

In conclusion, the Control of Asbestos Regulations place duties on a broad range of organizations and professionals who may encounter asbestos through their work.

Ultimately, the goal is to protect all individuals from exposure to this dangerous carcinogen that still lurks in many older buildings.

While specific responsibilities are outlined for duty holders, employers, removal contractors and various trades, compliance is a collective effort. We all gain the benefit of reduced asbestos risks through proper identification, training, licensing, removal protocols and monitoring.

These regulations remind us that diligence is essential, even decades after asbestos use was banned. There is still work to be done to address legacy asbestos and make workplaces and public spaces safe into the future.

Important Page Links to Visit

• Asbestos Awareness Online Training
• Duty of Care Online Training
• Safeguarding Children Online Training
• COSHH Online Training
• Infection Prevention and Control Online Training