The Health and Safety Executive (HSE) has announced significant regulatory changes to bolster the framework for managing asbestos across Great Britain. Following a comprehensive consultation, the HSE will amend Regulation 20 of the Control of Asbestos Regulations 2012 (CAR 2012) to eliminate potential conflicts of interest within the crucial four-stage asbestos clearance process. This pivotal update, designed to enhance independence and impartiality, will come into force on 24 November 2026, with industry afforded a 12-month period to ensure full compliance before enforcement begins in November 2027.
New Regulations Boost Independence in Asbestos Clearance Process
The move addresses concerns where Licensed Asbestos Removal Contractors (LARCs) previously appointed asbestos analysts, creating a potential for bias. By mandating greater separation, the HSE aims to further reduce exposure to legacy asbestos, which continues to pose a significant risk in buildings constructed before its ban in 1999. This proactive measure is a direct result of extensive feedback received during the consultation, which sought views on proposals to refine CAR 2012.
Rick Brunt, Director of Engagement and Policy at HSE, emphasised the importance of the consultation process. “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,” he stated. “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.”
In conjunction with the regulatory amendment, the HSE is also preparing to update its Approved Code of Practice (L143) ‘Managing and working with asbestos’ and ‘Asbestos: The Analysts’ Guide’ later this year. New, simplified online guidance has also been developed to assist dutyholders in confidently appointing third-party service providers, ensuring they can navigate the updated requirements effectively. Furthermore, the HSE continues to strongly advocate for the use of accredited organisations when commissioning asbestos surveys, recognising the critical role a quality survey plays in the safe management of asbestos risk. Additional guidance and interventions are being developed to support dutyholders in this area.
Minister for Social Security and Disability, Sir Stephen Timms, underscored the enduring threat of asbestos. “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,” he commented. “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.”
The consultation also affirmed the retention of the category of work known as Notifiable Non-Licensed Work (NNLW). The HSE has committed to collaborating with industry partners to develop improved guidance that will support the correct and safe application of this category. Throughout the consultation, responses consistently highlighted issues related to behaviours and competence, particularly concerning dutyholder understanding of their responsibilities, commissioning practices, and the practical implementation of regulatory requirements. This valuable evidence will be instrumental in shaping future interventions and guidance from the HSE.
The publication of this consultation response and the subsequent regulatory changes fulfil the three outstanding recommendations made by the 2022 Work and Pensions report on the HSE’s approach to asbestos management, which were accepted by the previous Government. The Statutory Instrument to amend the regulations has been laid in Parliament, marking a significant step towards enhanced workplace safety. The HSE will continue to rigorously monitor and evaluate the effectiveness of these changes once they are fully implemented.
This story was originally published by HSE Media Centre
Published by: HSE Network Editorial Team
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