Changing the asbestos control regime

Over 25 years since the introduction of the final prohibitions on the supply of asbestos, it is estimated that asbestos-related diseases such as mesothelioma, lung cancer and asbestosis still account for around 5,000 deaths annually.

Where asbestos is found?

Asbestos can be found in any building constructed before 2000 and remains a risk in particular for people who may disturb asbestos-containing materials while working, e.g., when carrying out maintenance, construction and refurbishment work.

HSE consultation launched

Following on from recent reviews and in order to better protect workers and other building users, the HSE have now launched a consultation on proposals to amend the Control of Asbestos Regulations and the supporting guidance.

Focus area 1: analyst independence

The proposals cover three areas of the asbestos management regime. The first of these is asbestos removal work and the independence of asbestos analysts.

Regulations require that after asbestos removal work has been completed, the relevant areas are thoroughly cleaned by the licensed asbestos removal contractor and are left in a fit state for the owner or user of the premises to reoccupy them. As part of this work a specialist analyst will carry out an inspection to establish whether the premises are fit to be reoccupied. Once completed, the analyst will issue a “Certificate for Reoccupation”.

In many cases the analyst will be appointed by the licensed asbestos removal contractor; however, there are concerns that this could impact the independence of the analyst.

To ensure the independence of the analyst, HSE guidance currently recommends that the client or dutyholder for the premises do this, but this is not compulsory. The consultation gives two options for improving the independence of analysts:

• Option 1 – to improve guidance and communications in this area
• Option 2 – to amend regulations and guidance, effectively making it mandatory for the client/dutyholder to appoint the analyst and licensed asbestos removal contractor separately. This option is the HSE’s preferred option.

Focus area 2: survey quality

The second proposal concerns the quality of asbestos surveys. There are two types of asbestos survey: management surveys required for managing asbestos-containing material within a building and more intrusive refurbishment and demolition surveys required to protect contractors and others working on the fabric of a building.

Currently regulations require the client / dutyholder appointing the asbestos surveyor to ensure that they are competent to carry out the survey. Although the HSE strongly recommends that accredited asbestos surveyors are used, this is not a legal requirement.

The consultation has two options for improving the quality of surveys:

• Option 1 – to improve guidance to dutyholders regarding the importance of the asbestos survey in managing asbestos risks. This is the HSE’s preferred option.
• Option 2 – to amend regulations to make it compulsory for all asbestos surveyors to be accredited.

Focus area 3: NNLW clarity

The third proposal concerns work with asbestos currently known as Notifiable Non-Licensed Work (NNLW).

There are three categories of work with asbestos:

• Licensable work – work which involves the highest level of risk which can only be carried out by a licensed contractor and which must be notified to the relevant enforcing authority.
• Non-licensable work – lower-risk work which does not require a licence and does not require notification.

NNLW sits between these two categories and covers a mid-level risk set of work that does require notification but which can still be carried out by non-licensed persons.

Concerns have been raised about the clarity of definition of the NNLW category, in particular the point at which work moves from the NNLW category into the licensable work category. The concern is that confusion may mean that some work which should be carried out by a licensed contractor is being carried out by unlicensed persons, with a lower level of controls in place.

The consultation has three options for improving clarity:

• Option 1 – to improve guidance and use other interventions to clarify what work counts as NNLW. This is the HSE’s preferred option.
• Option 2 – to amend regulations to remove the NNLW category, just leaving licensable and non-licensable work, potentially increasing the work that would require a licence.
• Option 3 – to amend the definition of NNLW

 

You can read the full proposals and respond to the consultation via the HSE’s website. The consultation period runs until 9th January 2026.

If you have any questions or would like support with managing issues at your workplace, please speak to your usual contact or get in touch using the form below.