The Health and Safety Executive (HSE) has published its response to a consultation on proposals to strengthen the regulatory framework for managing asbestos.
The consultation sought views on three proposals regarding the Control of Asbestos Regulations 2012 (CAR 2012), all aimed at reducing exposure to legacy asbestos, which remains a risk across the country due to its use in construction before it was banned in 1999.
The responses have led to HSE making a regulatory change to strengthen independence and impartiality in the four-stage clearance process – the first of the three proposals in the consultation. HSE will amend regulation 20 of CAR 2012, which covers standards for air testing and site clearance certification, to remove the potential conflicts of interest that may arise when the LARC (licensed asbestos removal contractor) appoints the asbestos analyst.
Later this year, HSE will update the Approved Code of Practice (L143) Managing and working with asbestos – HSE and Asbestos: The Analysts’ Guide – HSE, and has developed simple online guidance to help duty holders appoint third-party service providers with confidence. Industry will have 12 months to comply with the changes.
The second of the proposals in the consultation was to improve the quality of asbestos surveys. HSE continues to strongly recommend that duty holders use accredited organisations when commissioning asbestos surveys and is developing further guidance and interventions to help duty holders understand the critical role a quality survey plays in managing asbestos risk safely.
Finally, the consultation has resulted in the category of work known as Notifiable Non-Licensed Work (NNLW) being retained. HSE will work collaboratively with industry to develop improved guidance to support the correct use of this category.
Informing change
Across all three proposals, responses consistently pointed to behaviours and competence, particularly around duty holder understanding of their responsibilities under the regulations, commissioning practice and the practical application of regulatory requirements. This evidence will be used to inform the design of further interventions and guidance.
Rick Brunt, Director of Engagement and Policy at HSE, says: “Thanks to those who responded, we gathered substantial evidence helping us to develop a greater understanding of the issues that underlined each of the proposals and to help support policy development and decision-making.
“We are now able to confidently strengthen asbestos safety regulations and make changes to guidance that will help us deliver on our commitment to reduce asbestos exposure across Great Britain.”
The publication of the consultation response follows the laying of a Statutory Instrument in parliament to amend the regulations which will come into force on November 24, 2026, with industry having a year to comply before HSE enforces the change in November 2027.
HSE will continue to monitor and evaluate the effectiveness of these changes once implemented. The outcomes in response to the consultation represent the delivery of the three outstanding recommendations made by the 2022 Work and Pensions report on the HSE’s approach to asbestos management accepted by the previous Government.
