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The Control of Asbestos at Work Regulations 2002 (CAWR) came into force in 21st May of 2004, introduced an explicit duty to manage asbestos in all non-domestic premises. The legislation tackles the biggest occupational health killer in the UK – asbestos-related diseases. Of the 3,000 people currently dying each year from such diseases 25% have once worked in the building and maintenance trades and often would have worked unknowingly on or near to asbestos containing materials (ACMs).Whilst virtually all activities involving potential exposure to asbestos have now ceased e.g. the use of asbestos products, is now prohibited, evidence suggests that this vulnerable group is still at considerable risk from accidental exposure to asbestos.

• take reasonable steps to determine the location and condition of materials likely to contain asbestos;
• presume materials contain asbestos unless there is strong evidence that they do not;
• make and keep an up to date record of the location and condition of the ACMs or presumed ACMs in the premises;
• assess the risk of the likelihood of anyone being exposed to fibres from these materials;
• prepare a plan setting out how the risks from the materials are to be managed;
• take the necessary steps to put the plan into action;
• review and monitor the plan periodically; and
• provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.

Who will be the dutyholder?
All those who have responsibility for the maintenance and/or repair of non-domestic premises have duties under this regulation. The extent of the legal duty is determined by the terms of any tenancy agreement or contract that applies, and in the absence of any such agreement, on the degree of control the party has over the premises. The dutyholder may well be the landlord, tenant or a managing agent, depending on the circumstances of the case. The regulation also includes a duty to cooperate, which applies widely. This will, for example, require a tenant to allow a landlord to gain access to a building to carry out a survey. Also a building surveyor or architect who had plans which show information on the whereabouts of asbestos would be expected to make these available to the dutyholder at a reasonable cost.

According to the GMB union there is still 6 million tons of asbestos still present in buildings throughout the UK.
Asbestos claims are expected to exceed £100 billion world wide in the next ten years.

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