Regulatory Guide
The Control of Asbestos Regulations 2012 (CAR 2012) is the primary piece of legislation governing the management, survey, and removal of asbestos in England, Wales, and Scotland. This guide explains the key regulations and their implications for duty holders, employers, and contractors.
The Control of Asbestos Regulations 2012 (SI 2012/632) came into force on 6 April 2012 and consolidated and replaced the previous Control of Asbestos Regulations 2006. The Regulations implement European Directive 2009/148/EC on the protection of workers from risks related to exposure to asbestos at work, and were developed by the Health and Safety Executive in consultation with the asbestos industry.
CAR 2012 sets out legal requirements for the management of asbestos in non-domestic premises, the identification of asbestos before work begins, the control of asbestos work, the licensing of asbestos removal contractors, and the requirements for training, health surveillance, and record-keeping.
Regulation 4 is arguably the most significant provision of CAR 2012 for building owners and occupiers. It places a legal duty on every person who has, by virtue of a contract or tenancy, an obligation relating to the maintenance or repair of non-domestic premises to manage any asbestos in those premises. This person is the "duty holder."
The duty to manage requires the duty holder to:
Enforcement: Failure to comply with Regulation 4 is a criminal offence prosecuted by the HSE. Penalties include unlimited fines and custodial sentences for the most serious breaches. The HSE actively enforces Regulation 4 and prosecutes both organisations and individuals.
Regulation 7 requires that before any work is carried out on, or which is liable to disturb, asbestos or materials suspected of containing asbestos, a suitable assessment must be made by the employer to determine whether asbestos is, or is liable to be, present. In practical terms, this means commissioning a refurbishment and demolition survey before any intrusive work begins on a building that may contain asbestos.
Regulation 9 requires that any work with asbestos must be carried out in accordance with a written plan of work. For licensed work, this plan must be drawn up before work begins and kept at the premises where the work is to be carried out. The plan of work must describe the nature and probable duration of the work, the location where the work will take place, the methods to be used, and the protective and safety measures to be employed.
Licensable asbestos work must be notified to the relevant enforcing authority — either the HSE or the local authority — at least 14 days before work begins. The notification must include details of the contractor, the location and nature of the work, the quantity of asbestos involved, and the methods to be used. Emergency work may be notified as soon as practicable.
Regulation 20 sets out the requirements for clearance and re-entry to areas where licensed asbestos work has taken place. Before an enclosure can be dismantled and an area reoccupied, a four-stage clearance procedure must be completed by an independent analyst. The clearance criterion is 0.01 fibres per millilitre of air.
Any building constructed or last significantly refurbished before the year 2000 may contain asbestos-containing materials. The Health and Safety Executive estimates that asbestos is present in approximately 1.5 million non-domestic buildings in the UK, and in the vast majority of pre-2000 residential properties. This includes schools, hospitals, offices, factories, warehouses, retail units, and private homes.