Legislative and guidance proposals for the Control of Asbestos Regulations 2012

Dutyholder

A dutyholder is a broad term that covers any person or organisation with legal duties under health and safety law.

• It is not limited to a specific role — it could be an employer, client, designer, contractor, or anyone who has control over work activities, premises, or equipment
• The main principle is it is the person/persons who has the legal duty to manage risk and ensure safety

Under Regulation 4 of the Control of Asbestos Regulations 2012 (CAR 2012), the dutyholder carries a distinct responsibility focused specifically on the management of asbestos risks in non-domestic premises. Regulation 4(1) defines “the dutyholder” as:

• (a) 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 or egress to or from those premises
• (b) 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

Employer

An employer is a dutyholder with specific responsibilities toward their employees and others affected by their work.

• Their legal duties are mainly under the Health and Safety at Work etc. Act 1974 (HSWA) and supporting regulations
• They must provide a safe working environment, proper training, safe systems of work, and adequate supervision

Client

A client is a dutyholder who commissions or pays for work to be carried out — particularly significant in construction. Such duties for domestic clients normally pass to the contractor or project manager.

• Under the Construction (Design and Management) Regulations 2015, clients have a central role in ensuring that health and safety are properly managed throughout a project
• They must ensure suitable arrangements, resources, and competent contractors are in place

Client is not a term used in CAR 2012 but throughout this consultative document the term 'client/dutyholder' is used to describe someone who has a duty under the regulations to appoint a service provider, such as a building owner/occupier.

Asbestos Surveying Organisation

An asbestos surveying organisation is a dutyholder that undertakes inspections and surveys of premises to identify the presence, type, condition, and extent of asbestos-containing materials (ACMs) in accordance with the CAR 2012 and HSG264 Asbestos: The Survey Guide.

Four-stage clearance Analytical Organisation

A four-stage clearance analytical organisation is a dutyholder accredited by the United Kingdom Accreditation Service (UKAS) that undertakes air sampling, fibre counting, and inspection activities associated with asbestos removal projects. This includes conducting the four-stage clearance procedure visual inspection, clearance air testing, and certification for reoccupation in accordance with CAR, Regulation 20 and HSG248 Asbestos: The Analysts’ Guide.

HSE tries to make its consultation procedure as thorough and open as possible. Information provided in response to this consultation may be subject to publication or disclosure in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the General Data Protection Regulations (GDPR) and the Environmental Information Regulations 2004 (EIR)). Statutory Codes of Practice under the FOIA and EIR also deal with confidentiality obligations, among other things.

If you would like us to treat any of the information you provide as confidential, please make this clear in your response. If we receive a request under FOIA or EIR for the information you have provided, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances.

Any automatic confidentiality disclaimer generated by your IT system will be disregarded for these purposes. Requests for confidentiality should be made explicit within the body of the response.

HSE will process all personal data in accordance with the GDPR. This means that personal data will not normally be disclosed to third parties and any such disclosures will only be made in accordance with the Regulations.

• HSE’s Privacy Policy Statement.

If you have any complaints about the consultation process (as opposed to comments about the issues, which are the subject of the consultation) please address them to:

Dipti Kerai 
Legislative and Better Regulation Unit
Engagement and Policy Division
Health and Safety Executive
4th Floor, 10 South Colonnade
Canary Wharf 
London, E14 4PU

or send an email outlining your concern to: Dipti.kerai@hse.gov.uk.

HSE aims to reply to all complaints within 10 working days. If you are not satisfied with the outcome, you can raise the matter with the Information Commissioner’s Office:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

or HSE’s Chief Executive, Sarah Albon:

Sarah Albon
Chief Executive
Health and Safety Executive
Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS

You can also contact your MP to take up your case with us or with Ministers. Your MP may also ask the independent Parliamentary Commissioner for Administration (the Ombudsman) to review your complaint.