ASBESTOS - THE FORGOTTEN DUTY
Chafes Press Release PR130.3 : 14th May 2008
Although in force since 13th November 2006, many commercial property owners and occupiers still remain unaware of the duties imposed by the Control of Asbestos Regulations 2006. The intention of the Regulations is to give protection to members of the public and employees visiting or working in commercial premises.
The regulations impose obligations on the ‘duty holder’ of non-domestic property to:
1. Determine whether asbestos is present in a building or is likely to be present; and
2. Manage any asbestos that is, or is likely to be, present.
The duty holder can be the owner, tenant, licensee, managing agent or maintenance contractor of premises. There may be more than one duty holder, e.g. both landlord and the tenant may still be a duty holder even where the lease imposes an obligation on the tenant to maintain and repair the premises.
The Health and Safety Executive are intent on enforcing these regulations and in a relatively recent case, a fine of £100,000 plus costs was imposed on an employer for failing to prevent its employees from being exposed to asbestos despite the employer’s otherwise exemplary health and safety record and his having taken prompt action to deal with the breach.
Failure to comply with the regulations can also affect the ability to sell or lease commercial property.
If you have overlooked your obligations under these regulations or require clarification as to the extent of your obligations, contact Mike Travis at Chafes Solicitors on 0161 477 1525.
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