The Control of Asbestos Regulations 2012

Regulation 4 - (the duty to manage asbestos) specifically requires duty holders to:

  • Take reasonable steps to find materials in premises likely to contain asbestos and to check their condition.
  • Presume that materials contain asbestos unless there is strong evidence to suppose that they do not.
  • Make a written record of the location and condition of asbestos and presumed Asbestos Containing Materials and keep the record up to date.
  • Assess the risk of the likelihood of anyone being exposed to these materials.
  • Prepare a plan to manage that risk and put it into effect to ensure that:
    • i. Any material known or presumed to contain asbestos is kept in a good state of repair;
    • ii. Any material that contains or is presumed to contain asbestos is, because of the risks associated with its location or condition, repaired or if necessary removed;
    • iii. Information on the location and condition of the material is given to anyone potentially at risk.
Regulation 3 - Application of these Regulations
This sets out who the regulation applies to, that is: a self-employed person, an employer, an employee and as if that self-employed person were both an employer and an employee.
Regulation 5 - Identification of the presence of asbestos
Requires employers to identify the presence of asbestos(within a domestic or commercial premises), type of asbestos and it’s condition before any building, maintenance, demolition or other work, liable to disturb asbestos, begins. It also states that a new survey should be undertaken if the existing information on the presence of asbestos in the premises is insufficient or incomplete.
Regulation 6 - Assessment of work which exposes employees to asbestos
Requires employers to carry out a risk assessment to identify the risks of exposure to asbestos. It also requires the recording of any significant findings and make arrangements to prevent, or reduce, exposure to employees.
Regulation 10 - Information, instruction and training
Requires employers to make sure that persons liable to disturb asbestos during their work, or who supervises such employees, receives the appropriate level of information, instruction and training to permit them to carry out their work safely and competently and without risk to themselves or others.
Regulation 11 - Prevention or reduction of exposure to asbestos
Requires employers to prevent employees being exposed to asbestos. When this is not possible, there must be measures and controls in place necessary to reduce exposure to as low as is reasonably practicable.
Regulation 15 - Arrangements to deal with accidents, incidents and emergencies
Requires employers to prepare procedures on what to do if there is an accidental, unplanned, uncontrolled release of asbestos fibre.
Regulation 16 - Duty to prevent or reduce the spread of asbestos
Requires every employer to prevent the spread of asbestos from any place where work under the employer’s control is carried out. Where this is not reasonably practicable, to reduce to the lowest level reasonably practicable.
Regulation 24 - Storage, distribution and labelling of raw asbestos and asbestos waste
Requires employers to make sure that raw asbestos and asbestos waste is correctly packaged, labelled, stored and transported.
Regulation 27 - Labelling of products containing asbestos
Requires the labelling of asbestos containing materials in accordance with the provisions of schedule 2.
The Control of Asbestos Regulations 2012

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