The Law & Duty to Manage

Which regulations govern work with asbestos in Great Britain?

• AThe Personal Protective Equipment at Work Regulations 1992
• BThe Control of Substances Hazardous to Health Regulations 2002
• CThe Control of Asbestos Regulations 2012✓
• DThe Construction (Design and Management) Regulations 2015

Answer: CAR 2012 is the specific legislation for asbestos. COSHH covers hazardous substances generally but explicitly excludes asbestos, which has its own regulations.

Which regulation of CAR 2012 sets out the duty to manage asbestos in non-domestic premises?

• ARegulation 22
• BRegulation 4✓
• CRegulation 10
• DRegulation 16

Answer: Regulation 4 is the duty to manage. Regulation 10 covers information, instruction and training; the duty to manage is the one that requires a register and management plan.

Who holds the duty to manage asbestos in a non-domestic building?

• AAny contractor who happens to be visiting the building that day
• BThe architect who originally designed and specified the building
• CThe local fire and rescue service as part of their inspection duties
• DWhoever is responsible for maintenance and repair✓

Answer: The duty holder is whoever has responsibility for maintenance and repair — usually the owner, landlord or managing agent, as set out in the tenancy or contract.

What must a duty holder do under the duty to manage?

• ADemolish and rebuild any structure put up before the year 2000
• BSeal the building entirely and prevent all access to the premises
• CRemove every asbestos-containing material from the building immediately
• DFind it, assess its condition and record it✓

Answer: The duty is to find, record, assess, plan and monitor — not to remove. Asbestos in good condition and unlikely to be disturbed is usually safer left in place and managed.

Under the duty to manage, is asbestos always required to be removed?

• AYes, all asbestos must be removed within 12 months
• BYes, if the building is more than 30 years old
• CYes, but only from ceilings
• DNo — undamaged asbestos is often managed in place✓

Answer: Removal disturbs the material and can release more fibres than leaving it alone. The law requires the risk to be managed, and safe encapsulation or monitoring is often the better answer.

What is an asbestos register?

• AA list of employees who have previously been exposed to asbestos fibres
• BA national database of contractors licensed to remove asbestos
• CA record of the location, type and condition of asbestos✓
• DA log of asbestos waste collected from the site by the local council

Answer: The register records what is where, what type it is and what condition it is in. It is the document a tradesperson should consult before starting any work that disturbs the building fabric.

Which Act provides the overarching legal framework for health and safety, including asbestos?

• AThe Health and Safety at Work Act 1974✓
• BThe Building Act 1984
• CThe Environmental Protection Act 1990
• DThe Factories Act 1961

Answer: HSWA 1974 is the parent Act placing general duties on employers and employees. CAR 2012 sits underneath it as specific asbestos legislation.

Does the duty to manage under Regulation 4 apply to the common parts of a block of flats?

• ANo — all residential buildings are entirely exempt from the duty
• BOnly where the individual flats are privately owned rather than rented
• COnly where the block of flats is more than six storeys in height
• DYes — common parts count as non-domestic✓

Answer: Individual dwellings are outside Regulation 4, but shared areas — stairwells, lifts, plant rooms, corridors — count as non-domestic premises and are covered.

What is the asbestos control limit in Great Britain?

• A0.1 fibres per cm³ of air, averaged over 4 hours✓
• B1.0 fibres per cm³ of air, averaged over 4 hours
• C0.01 fibres per cm³ of air, averaged over 30 minutes
• D0.1 fibres per cm³ of air, averaged over 8 hours

Answer: The control limit is 0.1 f/cm³ (also written 0.1 f/ml) as a four-hour time-weighted average. It is a legal maximum that must not be exceeded, not a safe level.

Who enforces the Control of Asbestos Regulations 2012?

• AThe police, through their powers under the Health and Safety at Work Act
• BThe Environment Agency acting alone in all workplace premises
• CThe Health and Safety Executive, and local authorities in some premises✓
• DTrading Standards acting alone on behalf of the local authority

Answer: HSE is the main enforcing authority for asbestos, with local authorities enforcing in some workplaces such as offices and shops. The Environment Agency deals with waste disposal aspects.

What should an employee do if they believe their employer is not managing asbestos safely?

• ACarry on working and raise it at the next annual review meeting
• BRaise it with a supervisor or safety representative✓
• CRemove the asbestos themselves so the problem is dealt with quickly
• DSay nothing, since managing asbestos is not an employee responsibility

Answer: Employees have a duty to report concerns and not to endanger themselves or others. Removing asbestos yourself is both unsafe and, for most materials, unlawful without training and often a licence.

Under CAR 2012, who must be given information about asbestos in a building before work begins?

• AOnly the person who legally owns the freehold of the building
• BAnyone liable to disturb it, including contractors and maintenance workers✓
• COnly employees directly employed full time by the duty holder
• DOnly the emergency services attending an incident at the premises

Answer: The duty holder must pass information to everyone liable to disturb the asbestos. A contractor arriving on site should be given the register before starting work.

In May 2026 the HSE reviewed the asbestos control limit and decided to do what?

• AKeep the existing control limit unchanged✓
• BAbolish the control limit entirely
• CHalve the control limit immediately
• DReplace it with a voluntary code

Answer: HSE confirmed its policy position in May 2026 that the control limit remains 0.1 f/ml over four hours. Proposals to tighten it were considered and not adopted.

Does the duty to manage require the duty holder to review the asbestos management plan?

• ANo, once written it is valid permanently
• BOnly every ten years
• COnly when the building is sold
• DYes — it must be kept up to date✓

Answer: The plan is a live document. Material condition changes, work is carried out and new information emerges, so the register and plan must be monitored and updated.