Legal Framework (CAR 2012) Flashcards
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What does CAR 2012 stand for?
Answer: Control of Asbestos Regulations 2012
CAR 2012 stands for the Control of Asbestos Regulations 2012, which is the primary legislation governing the management and removal of asbestos in the UK. It consolidated previous regulations into a single framework.
Under Regulation 4 of CAR 2012, who has the 'duty to manage' asbestos in non-domestic premises?
Answer: The dutyholder — usually the building owner or person in control of maintenance
Regulation 4 places the duty to manage asbestos on the 'dutyholder' — the person responsible for maintenance of non-domestic premises, typically the building owner, landlord, or managing agent.
What must a dutyholder do if asbestos is found or presumed present in a building under CAR 2012?
Answer: Prepare and maintain an asbestos management plan
The dutyholder must prepare and maintain an asbestos management plan that identifies where asbestos is or is likely to be, assesses its condition, and sets out how it will be managed. Removal is not always required — safe management in situ is often preferable.
Under CAR 2012, which types of asbestos work require a licence from the HSE?
Answer: Work with asbestos insulation, asbestos coating, and asbestos insulating board
Licensed work under CAR 2012 includes work with asbestos insulation, asbestos coatings, and asbestos insulating board (AIB). These are considered the highest-risk materials. Some lower-risk work can be done without a licence but still requires training.
What is the maximum penalty for breaching the Control of Asbestos Regulations 2012?
Answer: An unlimited fine and/or up to 2 years imprisonment
Breaching CAR 2012 can result in an unlimited fine and/or up to 2 years imprisonment. The Health and Safety Executive takes asbestos offences extremely seriously due to the potential for fatal consequences.
How often must an asbestos management plan be reviewed under CAR 2012?
Answer: It must be monitored and reviewed at regular intervals
The asbestos management plan must be monitored and reviewed at regular intervals. The regulations do not specify an exact timeframe but the plan must be kept up to date, particularly when changes occur to the building or the condition of ACMs changes.
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