In April 2022, the Work and Pensions Committee (WPC) undertook an inquiry into HSE’s approach to asbestos management which made a total of 16 recommendations on the basis that implementing the recommendations would bring anticipated benefits such as improving health outcomes and industry standards.
Since that time and the change in Government, there has been a period of significant HSE engagement with the Asbestos industry. As you would expect, ASESA has been invited to a range of events to represent the views of HSE Licensed Asbestos Removal Contractors, which has helped to shape the formal consultation process around proposed changes to the Control of Asbestos Regulations 2012 which has been published.
The consultation covers 3 topics, all of which are significant to the interests of the Licensed Asbestos removal community, with two being of particular importance. The topics in question are:
ASESA members have been debating each of these during the recent regional meetings, which take place in seven regions right around the UK plus an online session.
Independence And Impartiality Of Roles In The Four-Stage Clearance Process
Work and Pensions Committee Recommendation:
Currently, the asbestos analyst can be appointed by the LARC and the analyst organisation must be accredited to ISO/IEC17025:2017 for the four-stage clearance process by the United Kingdom Accreditation Service (UKAS). And as part of this accreditation, the analyst organisation shows impartiality and independence.
HSE have been capturing detail around the appointment of the analyst from June 2024 via the ASB5 notification, which shows the Licensed contractors appointed the analyst in 53% of cases.
The consultation does include reference to CDM and domestic clients where the contractor takes on the role & responsibilities of the client. It is not explicit within this consultation if that approach will be applied.
The cost-benefit analysis assumes no cost increase for the LARC, and minimal for the client.
HSE preferred option is to amend CAR 2012 and associated guidance to ensure the independence and impartiality of roles in the four-stage clearance process to minimise the risk of exposure from asbestos to workers and building occupants after the removal of asbestos
Quality Of Asbestos Surveys
Work and Pensions Committee Recommendation:
HSE preferred option it to drive up the standard of asbestos surveys by improving guidance and using other interventions to ensure duty holders understand the critical role of an asbestos survey in managing asbestos risks; and are equipped to commission a quality survey from a competent asbestos surveyor or organisation.
Feedback on this has been fairly minimal, but consistent, and overall in agreement with HSEs preferred option:
Clarify The Type Of Work That Constitutes Work With Asbestos Known As Notifiable Non-Licensed Work (NNLW)
Work and Pensions Committee Recommendation:
HSE preferred option is to improve guidance and use other interventions to clarify the type of work that constitutes work with asbestos known as NNLW.
The option of removing NNLW as a category seems like a non-starter given this was created in response to the in adequate interpretation of the original EU directive. By removing this surely we would go back in breach of this which is hardly a good move given global trade issues. HSE also flag this up as a potential lowering of standards which should clearly be avoided.
This section has a third option, to amend the definition of what constitutes NNLW so this type of work does not include higher risk materials including asbestos insulation or asbestos insulating board. It is this option that removal contractors are really getting behind.
Whilst exact numbers were not stated in this consultation, if we presume a “significant proportion” being 33%, this would equate to almost 500 activities that have not submitted the required ASB5 notification. It is unclear how many of these were undertaken by non-licensed parties. Shockingly, sprayed coating has also been erroneously notified via NNLW too.
A real bone of contention surrounds this section of the consultation, with many questioning the assumed costs. HSE state the additional cost would be a best estimate of £599. The reasons for this being twofold, the requirement to build an enclosure, and the related appointment of an analyst for the 4SC. But why would controls for this change on moving from an NNLW to an ASB5?
Presuming this cost is erroneous, option 3 is clearly the best option presented, and the only option that would meet all the WPC recommendations, namely:
Ring-fencing AIB, Insulation and Sprayed Coatings for HSE Licence holders provides absolutely clear differentiation for contractors and enforcement, whilst avoiding non-licensed contractors from working with the most dangerous Asbestos materials we face. It would strengthen behaviours by highlighting just how potentially dangerous these materials are and that they must never be treated lightly, and all for no additional cost.
Here is the link to the HSE consultation where you can make your voices heard:
https://consultations.hse.gov.uk/hse/proposals-control-of-asbestos-regs-2012/
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