In the UK, the handling and removal of asbestos are strictly regulated to protect public health and ensure safety. This article outlines the legal requirements for asbestos removal in the UK.
The control of asbestos in the UK is primarily governed by the Control of Asbestos Regulations 2012. These regulations set out the responsibilities of employers, contractors, and property owners regarding asbestos management, removal, and disposal. The Health and Safety Executive (HSE) is the regulatory body responsible for enforcing these regulations.
Identification and Assessment
The first legal requirement for asbestos removal is identification and assessment. Regulation 4 of the Control of Asbestos Regulations 2012 states that the “duty holder”—usually the owner or person responsible for the maintenance of a non-domestic property—must:
- Identify whether asbestos is present in the premises.
- Assess the condition of any asbestos-containing materials (ACMs).
- Presume that materials contain asbestos unless there is evidence to suggest otherwise.
- Prepare an asbestos management plan to detail how the risks will be managed.
For domestic properties, while there is no legal requirement for homeowners to identify asbestos, if a home is being renovated or demolished, any work involving asbestos must comply with the same safety standards.
Licensing Requirements for Asbestos Removal
Not all asbestos removal work requires a license, but certain high-risk activities do. There are three categories of asbestos work defined by the regulations:
- Licensed Asbestos Work: This involves higher-risk asbestos removal tasks that must be carried out by a contractor with an HSE-issued license. Licensed work typically includes the removal of friable asbestos materials, such as sprayed coatings or pipe lagging, where asbestos fibres can be easily released into the air.
- Non-Licensed Asbestos Work: This involves lower-risk tasks that do not require an HSE license but still require adequate control measures. Examples include working with asbestos cement products or textured coatings.
- Notifiable Non-Licensed Work (NNLW): This is a subset of non-licensed work that, while not requiring a license, must be notified to the HSE. The duty holder must keep records of the work, ensure medical examinations for workers, and conduct regular training.
Training and Competence
Anyone involved in asbestos removal, whether for licensed, non-licensed, or notifiable non-licensed work, must receive adequate training and instruction. The training should cover:
- The properties and health effects of asbestos.
- The types of products or materials likely to contain asbestos.
- The methods of managing and safely removing asbestos.
- The legal requirements regarding asbestos handling and disposal.
Employers must ensure that all personnel are competent in asbestos removal and are aware of the procedures to minimize asbestos exposure.
Safe Removal Practices
For all asbestos removal work, the following safe practices must be adhered to:
- Preparation: The work area must be sealed off with appropriate barriers and warning signs to prevent unauthorized access. Air extraction units may be required to ensure negative pressure within the work area.
- Personal Protective Equipment (PPE): Workers must wear suitable PPE, such as disposable overalls and respiratory protective equipment (RPE), to protect against asbestos exposure.
- Controlled Methods: Wetting techniques or tools equipped with local exhaust ventilation should be used to minimize the release of asbestos fibres. Asbestos waste must be double-bagged, sealed, and clearly labelled.
- Air Monitoring: Regular air monitoring must be conducted to ensure that asbestos fibre levels do not exceed the legal limits. Clearance air monitoring is also required following licensed work to confirm that the area is safe for re-occupation.
For licensed asbestos work and notifiable non-licensed work, the HSE must be notified at least 14 days before the work begins. This notification should include details of the location, type of asbestos, the methods to be used, and the measures taken to control exposure.
Asbestos waste must be handled and disposed of by the Hazardous Waste Regulations 2005. It must be transported by a licensed waste carrier to a licensed disposal facility. Asbestos waste should never be disposed of with general waste or fly-tipped.
Record-Keeping
Duty holders must keep comprehensive records of all asbestos-related work, including:
- The location and condition of any asbestos-containing materials.
- Any risk assessments and management plans.
- Details of any removal work, including dates, methods, and clearance certificates.
- Training records and health surveillance of employees.
These records must be maintained for at least 40 years for licensed asbestos work and 5 years for non-licensed work.
Penalties for Non-Compliance
Non-compliance with asbestos regulations can result in severe penalties, including fines and imprisonment. The HSE regularly conducts inspections and can issue improvement or prohibition notices where asbestos risks are identified. In cases of serious breaches, legal action may be taken against duty holders.
The legal requirements for asbestos removal in the UK are comprehensive and designed to ensure that asbestos is managed safely to protect public health. Given the significant health risks associated with asbestos exposure, adherence to these regulations is not just a legal obligation but a critical component of workplace and public safety. At Safe: Environment we are proud to comply with all legislation around asbestos removal.
