HSE’s response to the asbestos consultation
The Health and Safety Executive (HSE) has published its response to the consultation on proposed changes to the Control of Asbestos Regulations 2012 (CAR2012).
APS welcomes the HSE's continued focus on improving asbestos management standards and supporting those responsible for managing asbestos risks, after calling for the strengthening of the regime in place through its consultation submission in January 2026.
The HSE has confirmed plans to take forward action in three key areas:
- Strengthening the independence of asbestos analysts: The HSE is introducing a legal requirement to strengthen the independence and impartiality of analysts carrying out the four-stage clearance process following licensed asbestos removal work. A Statutory Instrument (SI) will amend Regulation 20 (Standards for air testing and site clearance certification) of CAR 2012 (subject to parliamentary procedures and timescales) to ensure independence and impartiality in the four-stage clearance (4SC) process, and to remove the potential conflicts of interest that may arise when the licensed asbestos removal contractor (LARC) appoints the asbestos analyst. This will prevent the analyst responsible for providing the site clearance certification from being appointed by the contractor undertaking the removal work. The HSE will also update the Approved Code of Practice (ACoP) and associated guidance to reflect the regulatory amendments.
This effort to strengthen CAR 2012 is an important development, supported by APS during the consultation, and will help reinforce confidence in the independence and impartiality of the clearance process.
- Promoting the use of accredited asbestos survey organisations: The HSE will continue to promote the use of accredited asbestos survey organisations and develop further interventions to help dutyholders understand the importance of quality asbestos surveys in managing asbestos risks safely.
The response recognises the critical role that competent, quality-assured surveys play in effective asbestos management. It also provides an opportunity to build further on the promotion of accreditation, helping to establish it as an increasingly important benchmark for survey quality.
- Clarifying guidance on Notifiable Non-Licensed Work (NNLW): The HSE will work with stakeholders to develop clearer guidance on NNLW, helping dutyholders and those undertaking work better understand the requirements and support consistent compliance, as the existing category of NNLW will be maintained in the regulation.
Overall, the HSE's response sets out a number of positive developments for asbestos management. While some actions such as the introduction of a new Statutory Instrument to amend existing regulations have been decided on, that is not the case for all interventions and guidance approaches. Continued collaboration between the HSE and industry will be important in taking the initiatives forward, strengthening standards and helping protect workers and the public from the risks of asbestos exposure.
Read the HSE’s consultation response here.
APS will monitor how these commitments are put into practice and offer support where possible so that standards across the industry will improve.