Duty to Manage Asbestos (Regulation 4)
Duty to Manage (Regulation 4 of the Control of Asbestos Regulations 2012) is the legal requirement for those responsible for non-domestic premises to identify, assess and manage asbestos risks. If you own, occupy or maintain a building built before 2000, you are likely a Dutyholder.
Duty to Manage means finding asbestos, assessing the risk and preventing exposure. These responsibilities exist to protect workers, contractors and building occupants from asbestos-related harm.
Who Is the Dutyholder?
A Dutyholder is the person or organisation responsible for repair, maintenance or control of non-domestic premises. This commonly includes:
- Building owners
- Landlords
- Managing agents
- Employers controlling the building
- Facilities or estates managers
- Anyone with contractual responsibility for maintenance
More than one Dutyholder may share accountability. Responsibilities must be clearly defined and documented.
Dutyholder Responsibilities (Regulation 4)
1. Conduct an Asbestos Survey
Most buildings built before 2000 require an Asbestos Management Survey carried out by a competent surveyor. If materials cannot be confirmed as asbestos-free, they must be presumed to contain asbestos.
2. Create and Maintain an Asbestos Register
The register must record:
- The location of asbestos-containing materials (ACMs)
- The condition of those materials
- Risk assessments
- Any presumed ACMs
- Records of inspections and monitoring
3. Assess the Risk of Exposure
This includes evaluating the likelihood of disturbance, the integrity of the material and occupancy patterns.
4. Develop an Asbestos Management Plan
The management plan must set out:
- Who is responsible
- How ACMs will be managed
- Monitoring and reinspection arrangements
- Emergency procedures
- How information will be shared with contractors and staff
5. Provide Information to Anyone Who May Disturb Asbestos
This includes maintenance staff, tradespeople, contractors and internal staff carrying out work.
6. Review and Update Regularly
The asbestos register and management plan must be reviewed at least annually or sooner if materials deteriorate or if the building changes.
What Is an Appointed Person?
An Appointed Person is an individual assigned by the Dutyholder to oversee asbestos management within an organisation.
Key responsibilities include:
- Coordinating asbestos surveys and reinspections
- Updating the asbestos register
- Overseeing the Asbestos Management Plan
- Monitoring ACMs and reporting deterioration
- Ensuring information is communicated to contractors
- Supporting legal compliance
The Appointed Person must be trained and competent, but does not need to be an asbestos expert.
Training Requirements
Correct training is essential for Dutyholders, Appointed Persons and anyone who may encounter asbestos.
Recommended training includes:
- Asbestos Awareness – for anyone who may encounter asbestos.
- Duty to Manage Asbestos: Duty Holder – for those with legal responsibility.
- Duty to Manage Asbestos: Appointed Person – for those overseeing asbestos management.
- Duty to Manage Asbestos (Overview) – for supervisors, managers and office-based staff involved in compliance.
- Non-Licensed Asbestos Operative – for those carrying out non-licensed asbestos removal works.
To find a UKATA Approved Training Provider, use the UKATA Training Provider Directory.