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HSE Publishes Asbestos Consultation Response
Date: 04/11/26
The Health and Safety Executive has published its formal response to the consultation on the Control of Asbestos Regulations 2012.
This consultation addresses the final recommendations from the 2022 Work and Pensions Committee inquiry. Key points to note:
1. Independent 4-Stage Clearance Is Becoming Law
Regulation of CAR 2012: The requirement for the dutyholder or client to appoint an analyst moves from an Approved Code of Practice recommendation to a statutory requirement.
HSE ASB5 notification data revealed that Licensed Asbestos Removal Contractors (LARCs) still appoint the analyst in 53% of licensable jobs, presenting inherent conflicts of interest and on-site commercial pressure.
A 12-month transitional period will be introduced to allow dutyholders to update management systems and procurement frameworks.
2. Surveyor UKAS Accreditation Stays “Strongly Recommended”
HSE will not mandate organisational UK accreditation for all surveying bodies.
While evidence demonstrated that accreditation audits organisational management systems, they alone do not guarantee onsite surveyor competence. Furthermore, mandating would pose severe capacity risks, potentially forcing out up to 50% of independent practitioners.
HSE will focus on upskilling clients as "informed customers" and updating HSG264 (Asbestos: The Survey Guide) and HSG227 to provide dedicated procurement tools for SMEs.
3. Notifiable Non-Licensed Work (NNLW)
HSE rejected proposals to abolish NNLW or reclassify all work with Asbestos Insulating Board (AIB) and asbestos insulation as licensable.
HSE will collaborate with industry bodies to publish dedicated NNLW task sheets and simplify decision flowcharts for borderline and short-duration work.
What Action Should Dutyholders Take Now?
1. Review your asbestos management plan to ensure removal contractors are never commissioned to hire the analytical body.
2. Establish direct service level agreements with UKAS-accredited analytical testing organisations.
3. Consider and formalise your assessment of asbestos surveying and analytical organisations, prior to engaging them.
With iON Consultants, you're not alone. We can guide you through the changes, supporting you to review, update, and strengthen your AMP; rigorously and objectively audit your supply chain; and upskill your team with tailored asbestos training. Speak to our specialist asbestos consultants today to discover how we can support you with independent guidance, trusted advice and a reassuring approach to compliance and quality.