HSE announces changes to asbestos regulation

The HSE has confirmed changes to asbestos regulations…

In Brief

The Health and Safety Executive has announced changes to the Control of Asbestos Regulations 2012 following an industry consultation. Regulation 20 will be amended to strengthen independence in asbestos clearance testing and address potential conflicts of interest when contractors appoint analysts. Updated guidance will follow, with industry given 12 months to comply. HSE has also reaffirmed its recommendation to use accredited asbestos surveyors and confirmed that Notifiable Non Licensed Work will remain.
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The Health and Safety Executive (HSE) has published its response to a consultation on strengthening asbestos management regulations in Great Britain, confirming changes designed to improve independence in asbestos clearance procedures.

The consultation examined three proposals relating to the Control of Asbestos Regulations 2012 (CAR 2012), focusing on reducing exposure to asbestos remaining in buildings constructed before its use was banned in 1999.

Changes to asbestos clearance procedures

HSE has confirmed plans to amend Regulation 20 of CAR 2012, which governs air testing and site clearance certification.

The amendment will address potential conflicts of interest arising when a licensed asbestos removal contractor appoints the analyst responsible for the four stage clearance process.

The change is intended to strengthen independence and impartiality when assessing whether asbestos removal work has been completed safely.

Updated guidance for dutyholders

HSE will update the Approved Code of Practice L143, “Managing and working with asbestos”, and HSG248, “Asbestos: The Analysts’ Guide”, later this year.

New online guidance has also been developed to help dutyholders appoint independent service providers.

Industry will have 12 months to comply with the regulatory changes.

Accredited asbestos surveys encouraged

HSE continues to strongly recommend that dutyholders commission asbestos surveys from accredited organisations.

Further guidance and interventions are being developed to improve understanding of the importance of quality surveys in identifying and managing asbestos risks.

The regulator aims to support more informed decisions when selecting asbestos surveying services.

Existing work category retained

The consultation also confirmed that Notifiable Non Licensed Work (NNLW) will remain an established category of asbestos work.

HSE will collaborate with industry representatives to develop clearer guidance on its appropriate application.

Consultation responses highlighted recurring concerns about competence, commissioning practices and dutyholders’ understanding of their legal responsibilities.

HSE will use these findings to inform further guidance and interventions aimed at improving compliance and reducing occupational asbestos exposure.

Rick Brunt, Director of Engagement and Policy at HSE, 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.”

Minister for Social Security and Disability, Sir Stephen Timms, 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.”

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