The Control of Asbestos Regulations (CAR) 2012 is key piece of legislation that covers the prohibition of asbestos as well as the control of asbestos products at work and the licensing of work on asbestos materials. Duty to manage asbestos in premises and the responsibilities of the ‘dutyholder’ is subject to Regulation 4 of CAR (2012).
The responsibility rests with the ‘duty holder’ defined by the Act as:
- Every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress there from; or…
- In relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom.
- Where there is more than one duty holder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.