HSE Strengthens Asbestos Regulations Following Consultation
The Health and Safety Executive (HSE) has published its response to a consultation on proposals to strengthen how asbestos is managed in Great Britain. Legacy asbestos remains a risk because it was widely used in construction until the 1999 ban.
The consultation covered three proposals on the Control of Asbestos Regulations 2012 (CAR 2012). Here is what HSE has decided.
Independence in the four-stage clearance process
HSE will amend regulation 20 of CAR 2012, which covers air testing and site clearance certification. The change removes the potential conflict of interest when the licensed asbestos removal contractor (LARC) appoints the asbestos analyst. Later this year HSE will update the Approved Code of Practice, Managing and working with asbestos (L143), and Asbestos: The Analysts' Guide (HSG248).
It has also developed online guidance to help dutyholders appoint third-party providers with confidence. Industry will have 12 months to comply.
Asbestos surveys
HSE continues to strongly recommend that dutyholders use accredited organisations for asbestos surveys. It is developing further guidance and interventions to show why a quality survey is critical to managing asbestos risk safely.
Notifiable Non-Licensed Work (NNLW)
The NNLW category will be retained. HSE will work with industry on improved guidance to support its correct use.
Across all three proposals, respondents repeatedly pointed to behaviours and competence. Key issues were dutyholders' understanding of their responsibilities, commissioning practices, and how the regulations are applied in practice. HSE will use this evidence to shape further interventions and guidance.
Rick Brunt, HSE's Director of Engagement and Policy, said:
"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."
Responding, Sir Stephen Timms, Minister for Social Security and Disability, said:
"The dangers of exposure to asbestos are well known. Its terrible legacy from its use in the past remains a risk for many people in the present. To protect people in Britain, we have a mature and well-established approach to the management of asbestos in buildings. Today we are strengthening this protection to improve the safety of our workers and the public from asbestos exposure."
Key dates
A Statutory Instrument amending the regulations has been laid in Parliament. It comes into force on 24 November 2026. Industry then has a year to comply, with HSE enforcement of the change starting in November 2027.
HSE will monitor and evaluate the changes once they are in place. The outcomes deliver the three outstanding recommendations from the 2022 Work and Pensions Committee report on HSE's approach to asbestos management, which the previous Government accepted.
Source: HSE Press Release
