UKATA Legal Framework (CAR 2012) — Questions and Answers
Question 1: What does CAR 2012 stand for?
- Control of Asbestos Regulations 2012 (Correct answer)
- Classification of Asbestos Requirements 2012
- Containment of Asbestos Rules 2012
- Certification of Asbestos Removal 2012
Correct 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.
Question 2: Under Regulation 4 of CAR 2012, who has the 'duty to manage' asbestos in non-domestic premises?
- The local council
- The dutyholder — usually the building owner or person in control of maintenance (Correct answer)
- The Health and Safety Executive
- Any employee working in the building
Correct 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.
Question 3: What must a dutyholder do if asbestos is found or presumed present in a building under CAR 2012?
- Immediately remove all asbestos
- Prepare and maintain an asbestos management plan (Correct answer)
- Close the building permanently
- Report it to the police
Correct 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.
Question 4: Under CAR 2012, which types of asbestos work require a licence from the HSE?
- All work with any asbestos-containing material
- Only work with blue and brown asbestos
- Work with asbestos insulation, asbestos coating, and asbestos insulating board (Correct answer)
- Only demolition work involving asbestos
Correct 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.
Question 5: What is the maximum penalty for breaching the Control of Asbestos Regulations 2012?
- A written warning only
- A fine of up to £5,000
- An unlimited fine and/or up to 2 years imprisonment (Correct answer)
- Suspension from work for 6 months
Correct 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.
Question 6: How often must an asbestos management plan be reviewed under CAR 2012?
- Every 5 years
- Only when requested by the HSE
- It must be monitored and reviewed at regular intervals (Correct answer)
- It only needs to be created once
Correct 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.
UKATA Legal Framework (CAR 2012)
What does CAR 2012 stand for?