Regulation 4 of The Control of Asbestos Regulations (CAR) 2012 requires dutyholders to “manage the risks from asbestos in Non-Domestic premises”. Duty holders are those persons or organisations who have maintenance responsibility for the premises, including that arising under a contract or tenancy. Where there is no such contract or tenancy, every person who has, to any extent, control of that part of the premises or any means of access or egress is regarded as a duty-holder.
Duty holders should:
There have been many cases over recent years seeing people awarded compensation after suffering asbestos related illnesses. Some see widows awarded large sums after they take their late husband’s employers and ex-employers to court for their suffering. Some cases have seen settlements reaching over £250,000.
Marks and Spencers were fined £1m following an incident at one of their stores where contract work resulted in asbestos contamination spreading outside the area of work due to poor controls being implemented and contractors being allowed insufficient time to undertake the work robustly. More recently an individual director has been prosecuted when he allowed the refurbishment of a cinema to go ahead without an asbestos survey. He was fined £11,660 and ordered to pay £7,000 costs.
By James Murphy