Does the Control of Asbestos Regulations apply to my business?

If your business owns, manages or is responsible for repairing a non-domestic building, or if your people could disturb the fabric of a building during their work, the Control of Asbestos Regulations 2012 (CAR 2012) almost certainly apply to you. Asbestos was not fully banned in the UK until 1999, so any building built or refurbished before 2000 may contain it. This guide explains who is covered, what you must do, and how to check your own position.

Who do the Control of Asbestos Regulations apply to?

CAR 2012 apply to almost every workplace in Great Britain, but the duties you hold depend on your role. Three groups are caught:

  • Owners and managers of non-domestic premises. Offices, shops, factories, warehouses, schools, farms, care homes and pubs all count, as do the shared areas of blocks of flats and other multi-occupancy homes.
  • Tenants with repair or maintenance responsibility. If your lease makes you responsible for the fabric of the building, you share the duty to manage asbestos, or hold it outright.
  • Employers whose staff may disturb asbestos. Electricians, plumbers, joiners, gas fitters, decorators, telecommunications engineers and facilities teams can all drill into, cut or damage asbestos-containing materials without knowing it.

Self-employed people are covered in the same way as employers. Homeowners living in their own private home are not dutyholders, but a tradesperson working in that home still is.

Does the Control of Asbestos Regulations Apply to You?

Do your business premises have asbestos? Do your employees come into contact with it?

The duty to manage asbestos (Regulation 4)

Regulation 4 is the part that catches most small and medium-sized businesses. If you have it, you must:

  1. Find out whether asbestos is present. Take reasonable steps to locate materials likely to contain it, and assume a material contains asbestos unless you have strong evidence it does not.
  2. Keep a written record of where it is, what condition it is in and how much there is. This is your asbestos register.
  3. Assess the risk that anyone could be exposed to fibres from those materials.
  4. Prepare a management plan that says how you will keep the risk under control, and put it into action.
  5. Review and monitor the plan and the register, especially after any change to the building or the condition of the materials.
  6. Pass the information on to anyone likely to disturb the materials, including contractors, before they start work.

The usual starting point is an asbestos management survey carried out by a competent surveyor, following HSE guidance in HSG264. Sampling and analysis should use a UKAS-accredited laboratory. Asbestos left in good condition and unlikely to be disturbed can often stay where it is, as long as it is managed.

Work that disturbs asbestos

Separately from the duty to manage, CAR 2012 sets rules for any work that could disturb asbestos. These depend on the type of material and the risk of releasing fibres.

  • Licensed work. Work on higher-risk materials such as sprayed coatings, lagging and most asbestos insulating board must be done by a contractor licensed by the HSE. The work must be notified to the enforcing authority, normally at least 14 days in advance.
  • Notifiable non-licensed work (NNLW). Some lower-risk work does not need a licence but must still be notified, and workers need health surveillance and records of the work must be kept.
  • Non-licensed work. Short, low-risk tasks, such as removing a few asbestos cement sheets or drilling into textured coating, still need proper controls, trained workers and a risk assessment.

If your employees do any of this work, you must also give them information, instruction and training at the right level for what they do. Even workers who never handle asbestos on purpose need asbestos awareness training if their work could disturb it.

Quick check: does it apply to my business?

Your situationDoes CAR 2012 apply?What it means for you
You own or manage a non-domestic building built before 2000YesYou hold the duty to manage: survey, register, risk assessment and management plan
You rent premises and your lease makes you responsible for repairsYesYou share or hold the duty to manage, so check your lease and agree responsibilities in writing
You rent premises, the landlord handles all repairs and maintenancePartlyThe landlord holds the duty, but you should ask to see the asbestos register and plan
You manage shared areas of flats or a multi-occupancy buildingYesCommon areas are covered by the duty to manage
You send staff into other people’s buildings (trades, maintenance, installers)YesStaff need asbestos awareness training and must check the register before starting work
Your premises were built after 2000 and have not been refurbished with older materialsUnlikelyKeep a record of how you decided, and check if the building has been altered
You work from your own private homeNoThe duty to manage does not cover private homes, but trades working in them are still covered

If you cannot say for certain which row you fall into, treat the regulations as applying until you have checked.

Northern Ireland, the Isle of Man and the Republic of Ireland

CAR 2012 itself applies in Great Britain. If you operate elsewhere, different legislation applies, although the principles are very similar.

If your business has premises in more than one jurisdiction, you need to manage each site against the law that applies there.

What happens if you ignore the regulations?

Breaches of CAR 2012 are prosecuted regularly. Penalties include unlimited fines and, in serious cases, prison sentences for individuals. Beyond the legal risk, unmanaged asbestos can lead to contractors, cleaners or staff being exposed, claims for illness that can take decades to appear, and delays or cost increases when a refurbishment or sale uncovers material you did not know about.

Frequently asked questions

Do I need an asbestos survey? If you hold the duty to manage and cannot show the building is asbestos-free, a survey is the normal way to meet it. A refurbishment and demolition survey is needed before any major building work.

Does it apply to a small office or shop? Yes. Size makes no difference. If the building is non-domestic and you own it, manage it or are responsible for repairs, the duty applies.

Does it apply if I only rent my premises? It depends on your lease. The duty falls on whoever has repair or maintenance responsibility, or on the person who controls the premises. Where there is no clear owner of the duty, the person in control of the building holds it.

How often should I review my asbestos register? There is no fixed interval. Review it when anything changes, such as damage, building work or a change in use, and carry out regular condition checks. Many businesses reinspect known materials once a year.

Do my staff need training? Anyone whose work could disturb asbestos needs asbestos awareness training. Those who carry out non-licensed or notifiable work need higher levels of training.

Next steps

  1. Establish when your premises were built and whether they have been altered.
  2. Check your lease, or ask your landlord, to confirm who holds the duty to manage.
  3. Ask for the asbestos register and management plan, or arrange a survey if there is none.
  4. Make sure anyone working on the building sees the register before they start.
  5. Arrange asbestos awareness training for staff who could disturb the fabric of the building.

We review your business premises and activities to determine which legislation applies to you as well as detailing the steps you need to take to comply. To discuss your needs further, please contact one of our team.

This article is general guidance and does not constitute legal advice or replace advice on your own premises.

Failure to manage asbestos risk leads to prosecution

Two engineering companies and their director have been sentenced for failing to manage asbestos risk to employees within the workplace.

A large quantity of asbestos containing materials, including asbestos insulating board, were identified during a HSE inspection at factory premises in Kidderminster owned by Kespar Engineering Limited in February 2019. The premises were occupied by SDF Automotive Limited (who went into administration in November 2019).  Employees of both companies worked in the premises and the sole director for both companies was Peter Gerard Parkes.

An investigation by the Health and Safety Executive (HSE) identified the failure of all defendants to manage the risks from asbestos within the premises. This included the failure to ensure the suitable and sufficient assessment of the risks to the health of employees working there was carried out. The defendants were aware that asbestos was present within the premises and had previously prepared asbestos management plans however these were not reviewed or updated. The location and condition of the asbestos on site was not actively monitored and the risk of any exposure to asbestos containing materials was not adequately considered or controlled by the defendants.

Kespar Engineering Ltd of Kidderminster, pleaded guilty to breaching Regulations 4 (10), 6 (1) and 11 (1) of the Control of Asbestos Regulations 2012. The company was fined £51,000 and ordered to pay costs of £30,000.

SDF Automotive Limited (in administration) formerly of Kidderminster, pleaded guilty to breaching Regulations 4 (10), 6 (1) and 11 (1) of the Control of Asbestos Regulations 2012. The company was conditionally discharged for two years.

Peter Gerard Parkes of Bridgnorth, pleaded guilty to several counts under Section 37 of the Health and Safety at Work etc Act 1974. These related to his individual failing as a Director of Kespar Engineering Ltd, SDF Automotive Ltd, and Smethwick Drop Forge Ltd in respect of the offences committed by the Companies under his control. Mr Parkes was given a 12-month suspended prison sentence, fined £9,000 and ordered to pay costs of £14,000.  The case was heard at Kidderminster Magistrates’ Court.

asbestos risk
Asbestos risks must be managed and controlled (stock image)

Speaking after the hearing, HSE inspector Sarah Reilly, said:

“It is important that all dutyholders including company directors recognise the importance of actively managing asbestos containing materials in non-domestic premises and ensure that the potential risk to health posed by the materials is controlled.  Health and safety law places duties on organisations and employers – directors can be personally liable and held to account when these duties are breached.”

Asbestos still kills around 5,000 workers each year, this is more than the number of people killed on the road – around 20 trades people die each week as a result of past exposure.  However, asbestos is not just a problem of the past. It can be present today in any building built or refurbished before the year 2000.

When materials that contain asbestos are disturbed or damaged, fibres are released into the air. When these fibres are inhaled, they can cause serious diseases. These diseases will not affect people immediately; they often take a long time to develop, but once diagnosed, it is often too late to do anything. This is why it is important that employers and anyone in control of a building have duties to protect employees and others from asbestos risks.

Before undertaking any work in a building that may contain asbestos (e.g. built or refurbished before the year 2000), you need to do the following:

Identify whether asbestos is present and determine its type and condition

  • People responsible for maintenance of non-domestic premises, have a ‘duty to manage’ the asbestos in them, and should provide contractors and others with information on where any asbestos is in the building and what condition it is in.
  • If no information is available or it is limited and its is suspect asbestos may be present then you should have the area surveyed and representative samples of the material you are going to work on analysed.
  • Alternatively, you can assume that any material you need to disturb does contain asbestos and take the appropriate precautions for the highest risk situation.

Carry out an asbestos risk assessment

  • Decide if it is possible to carry out the building or maintenance work avoiding the risk of asbestos exposure all together.
  • If that’s not possible, identify who might be at risk and the level of possible asbestos exposure from any work.
  • On this basis, decide what work methods are necessary to provide effective control of the risks.

Decide if the work needs to be carried out by a licensed contractor

  • Most asbestos removal work will require a contractor holding a licence from HSE.
  • All work with sprayed asbestos coatings and asbestos lagging and most work with asbestos insulation and asbestos insulating board (AIB) requires a licence.
  • Identify if your work needs a licensed contractor.
  • Find a licensed contractor or find out how to apply for a licence.

If the work is not licensable, decide if the work needs to be notified

  • If it does not need a licence, you can do maintenance work on or around ACMs with the appropriate controls in place.
  • Some non-licensed work also has additional requirements, i.e. notification of work, medical surveillance and record keeping – this work is known as notifiable non-licensed work (NNLW).

Ensure those carrying out the work are suitably trained.

  • Any worker who is liable to disturb asbestos during their day-to-day work needs to receive appropriate training to enable them to protect themselves and others.

If you require advice on health and safety in your workplace, please contact one of the Ashbrooke team.

Building contractor sentenced over unsafe work

Building contractor sentenced after unsafe work methods constituted a public risk and resulted in asbestos being disturbed.

Preston Crown Court heard that in November 2020, Mr Mohammed Shafiq, owner of a roller shutter business, purchased a former warehouse in Manner Sutton Street, Blackburn to convert into smaller work units, including one for his own use – Mr Shafiq was using his own employees for this.

A report was received by the Health and Safety Executive (HSE) from a member of the public, concerned about the fact that bricks from the blocked-up windows were being knocked out from inside onto the street below, causing risk to passers-by.

The HSE investigation found that as well as the risk posed to pedestrians, no edge protection had been installed to prevent the employees from falling. They were also at risk of an internal fall down an open shaft. Additionally, an asbestos survey had not been carried out on the building prior to work commencing.

Building contractor sentenced over unsafe work
Refurbishment projects may require an asbestos survey (stock image)

As a result, piles of disturbed asbestos containing materials (ACMs) such as asbestos cement and insulation, were lying throughout the site. Workers were dry sweeping construction dust and debris possibly containing carcinogenic asbestos dusts without any respiratory protective equipment or suitable personal protective equipment. None of the workers had been provided with any training in asbestos awareness.

Live electric cables were being trailed through water without RCD protection, posing a risk of electric shock, and there was a general lack of training and suitable equipment for work to be carried out in a safe manner. An experienced principal contractor should have been hired to assess risks and undertake refurbishment work in a controlled manner.

The building contractor sentenced over unsafe work was Mohammed Shafiq of Blackburn who pleaded guilty to breaching Regulation 5 of the Control of Asbestos Regulations 2012, Regulation 4 of the Construction (Design and Management) Regulations 2015 and Regulation 4 of the Work at Height Regulations 2005. He received a 12-month suspended sentence and was fined £5,000 and ordered to pay costs of £4,636.08

HSE inspector Christine McGlynn said after the hearing:

“The public can be reassured that HSE takes concerns seriously and will not hesitate to investigate thoroughly and prosecute those who put workers and members of the public at risk.’’

Construction projects require detailed planning to ensure that they are carried out safely.  The appointment of a principal contractor to plan and coordinate the construction project will help to ensure activities are done safely.  Workers engaged in construction activities should be competent and have a good understanding of safe working practices.  Where construction involves disturbing the fabric of a building, an assessment is required in respect of asbestos.  Asbestos containing materials may be present in any building which was constructed or refurbished before 2000 and it may be necessary to engage a specialist asbestos contractor to undertake an intrusive survey. 

If you require advice on health and safety in your workplace, please contact one of the Ashbrooke team.