Health and Safety
Executive

Managing and working with asbestos

Health and Safety
Executive

Managing and working
with asbestos
Control of Asbestos Regulations 2012

Approved Code of Practice and guidanceThis publication contains the Control of Asbestos Regulations 2012, the Approved
Code of Practice (ACOP) and guidance text. Two ACOPs, L127
(The management of asbestos in non-domestic premises) and L143
(Work with materials containing asbestos) have been consolidated into this single
revised ACOP. The presentation and language has been updated wherever
possible. It provides guidance text for employers about work which disturbs, or is
likely to disturb, asbestos, asbestos sampling and laboratory analysis. It also
provides guidance on the specific duty to manage asbestos on the owners and/or
those responsible for maintenance in non-domestic premises.

L143 (Second edition)
Published 2013

The Regulations set out your legal duties and the ACOP and guidance givepractical advice on how to comply with those requirements. The Regulations giveminimum standards for protecting employees from risks associated with exposure
to asbestos.
The Regulations came into force on 6 April 2012, updating and replacing theprevious 2006 law. They contain new requirements for certain types of nonlicensable work with asbestos on notification of work; designating areas where you
are working on asbestos; medical surveillance and record keeping.

HSE Books
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Health and Safety
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Managing and working with asbestos© Crown copyright 2013
First published 2006
Second editon 2013
ISBN 978 0 7176 6618 8
You may reuse this information (excluding logos) free of charge in any format or
medium, under the terms of the Open Government Licence. To view the licence
visit www.nationalarchives.gov.uk/doc/open-government-licence/, write to the
Information Policy Team, The National Archives, Kew, London TW9 4DU, or email
psi@nationalarchives.gsi.gov.uk.
Some images and illustrations may not be owned by the Crown so cannot be
reproduced without permission of the copyright owner. Enquiries should be sent tocopyright@hse.gsi.gov.uk.
Approved Code of PracticeThis Code has been approved by the Health and Safety Executive, with the consent
of the Secretary of State. It gives practical advice on how to comply with the law. If
you follow the advice you will be doing enough to comply with the law in respect of
those specific matters on which the Code gives advice. You may use alternative
methods to those set out in the Code in order to comply with the law.
However, the Code has a special legal status. If you are prosecuted for breach ofhealth and safety law, and it is proved that you did not follow the relevant provisionsof the Code, you will need to show that you have complied with the law in someother way or a Court will find you at fault.
Guidance
This guidance is issued by the Health and Safety Executive. Following the guidanceis not compulsory, unless specifically stated, and you are free to take other action.
But if you do follow the guidance you will normally be doing enough to comply withthe law. Health and safety inspectors seek to secure compliance with the law andmay refer to this guidance.

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Contents

Introduction

9
About this book

9

Environmental issues

9Consulting employees and/or safety representatives
About ACOPs

10

Presentation

10

Regulation 1

Citation and commencement

Regulation 2

Interpretation

11

11

Definition of ‘asbestos’
Asbestos cement

13

14

Textured decorative coatings

14

Asbestos insulating board (AIB)
Asbestos insulation
Asbestos coating

15

15
15

Sporadic and low intensity exposure
Work with asbestos

Regulation 3

15

16

Deciding if work is licensable
Competence

9

16

17

Application of these Regulations

18

Exemption from regulations 9, 18(1)(a) and 22:
An overview
19
Deciding if non-licensable work is exempt from regulations
9, 18(1)(a) and 22
20
Short, non-continuous maintenance work with non-friablematerials
23
Encapsulation or sealing of ACMs in good condition
Air monitoring and control and collecting samples
Employers’ duties to others
Duties under other regulations
Regulation 4

24
24

24
25

Duty to manage asbestos in non-domestic premises
Managing the risk

27

Where the duty to manage applies
Identifying dutyholders

31

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Changes in tenancy or occupation
Duty to co-operate

32

33

Delegating tasks

33

What the dutyholders must do to comply with the law
Managing asbestos left in place

37

Reviewing and updating the management plan

38

Communicating and sharing the management plan
Regulation 5

Identification of the presence of asbestos

Regulation 6

Assessment of work which exposes employees toasbestos
40
General requirements for risk assessments
Involving employees

34

38

39

41

41

Competency to carry out a risk assessment
Suitable and sufficient risk assessment
Identifying the type of ACM

42

42

43

Additional risk assessment requirements for licensablework
43Work in elevated temperatures and hot conditions
Reviewing assessments
Regulation 7

Plans of work
Contents

45

46

47

Demolition work

47

Licensable work

48

Purpose of the plan of work
Who creates the plan48

48

How the plan of work is used
Format and content
Regulation 8

48

Communicating the plan of work

49

Licensing of work with asbestos

49

Applying for a licence

Regulation 9

Appeals50

Penalties

50

50

Notification of work with asbestos
Notification of licensable work
Notification of NNLW

Regulation 10

48

51

51

52

Information, instruction and training

53

Information, instruction and training for all work withasbestos
54
Competence54

Asbestos awareness54

Non-licensable work including NNLW

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Training for non-licensable work

56

Record keeping for employees carrying out non-licensable
work, including NNLW
57
Licensable work

57

Duration of training

60

Training for examination and test methods andtechniques
60
Provision of information and training for safety
representatives
60
Refresher training

61

Information and instruction for non-employees
Certificates of training
Regulation 11

61

62

Prevention or reduction of exposure to asbestos
Viewing panels and CCTV for enclosures
Non-licensable removal work
Licensable removal work

62

64

64

65

Maintaining plant and equipment contaminated withasbestos
66
Respiratory protective equipment
Fit testing facepieces
Regulation 12
Regulation 13

67

Use of control measures etc

67

General duties on employees

67

Maintenance of control measures etc
Enclosures

68

69

Hygiene facilities

69

Vacuum cleaners

69

Air extraction equipment70

Wet injection equipment

70

Respiratory protective equipment
Regulation 14

66

71

Provision and cleaning of protective clothing
Suitability of protective clothing73

Removal of contaminated protective clothing
Cleaning, maintenance and storage
Regulation 15

73
74

75

Arrangements to deal with accidents, incidents andemergencies
76
Uncontrolled release of asbestos

77

Accidents, incidents or emergencies involving licensablework
78
Contacting the emergency services
Regulation 16

79

Duty to prevent or reduce the spread of asbestos
Preventing/reducing the spread of asbestos
Enclosures

79
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Decontamination procedures for licensable work
Removal of waste from full enclosures
Waste removal outside the enclosure

Regulation 17

Licensable work in open sites

83

Static sampling/air monitoring

84

Cleanliness of premises and plant
Further measures

82

83
83

84

85

Clean-up when work finishes

85

Site clearance process for licensable work
Four-stage process for licensable work

85

87

Stage One: Preliminary check of site condition and job
completeness88
Stage Two: Thorough visual inspection

88

Stage Three: Clearance air monitoring

88

Stage Four: Final assessment post-enclosure/work area
dismantling
89
Regulation 18

Designated areas

Regulation 19

Air monitoring

91

93

Employee exposure records
Sampling

94

94

Regulation 20

Standards for air testing and site clearance
certification
95

Regulation 21

Standards for analysis

Regulation 22

Health records and medical surveillance97

Medical examinations for licensable work

99

96

Medical examinations for NNLW

99

Further information on medical examinations
Health records

100

Certificates of examination

100

Other health surveillance requirements
Regulation 23

Washing and changing facilities

101

101

Hygiene facilities for licensable work
Regulation 24

100

102

Storage, distribution and labelling of raw asbestos andasbestos waste
103
Management of asbestos waste
Transporting asbestos waste
Labelling asbestos waste
Sorting waste

103
104

104

104

Regulation 25

Interpretation of prohibitions

Regulation 26

Prohibitions of exposure to asbestos

Regulation 27

Labelling of products containing asbestos

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Regulation 28

Additional provisions in the case of exceptions andexemptions
106

Regulation 29

Exemption certifications

Regulation 30

Exemptions relating to the Ministry of Defence

Regulation 31

Extension outside Great Britain

Regulation 32

Existing licences and exemption certificates

Regulation 33

Revocations and savings

Regulation 34

Defence

108

Regulation 35

Review

108

Schedule 1

Particulars to be included in a notification

Schedule 2

Appendix 7 to Annex XVII of the REACH Regulation –special provisions on the labelling of articles containing
asbestos. Regulations 14(4), 24(2) and (3) and 27
110

Schedule 3

Amendments

Appendix 1

Notice of Approval

References

115

Further sources of advice
Further information

112
114

116

116

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107
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Introduction

About this book1
This publication contains the Control of Asbestos Regulations 2012, theApproved Code of Practice (ACOP) text and associated guidance. The Regulations
place legal duties on employers responsible for licensable and non-licensable workwith asbestos. They also place a specific duty to manage asbestos on the owners
and/or those responsible for maintenance in non-domestic premises. The ACOP
text and guidance provide practical advice on how to comply with thoserequirements. The format of this publication is designed to clearly distinguishbetween the Regulations, the ACOP text and the guidance.
2
The Control of Asbestos Regulations 2012 (the Regulations) set minimum
standards for the protection of employees from risks related to exposure toasbestos. Employers should also take account of people not directly employed bythem but who could be affected by the work being done on asbestos (including
employees of other employers, people occupying buildings, members of the public
etc).
3
The Regulations came into force on 6 April 2012, updating and replacing theprevious 2006 version of the Regulations. The changes mean that certain types of
non-licensable work with asbestos now have additional requirements on notificationof work; designating areas where work on asbestos is being carried out; medical
surveillance and record keeping. This publication applies to work which disturbs, oris likely to disturb asbestos, asbestos sampling and laboratory analysis.

Environmental issues
4
The Regulations deal only with health risks to people from asbestos. They do
not address environmental issues. Further guidance on environmental
considerations, including the clearing of asbestos-contaminated land is available
from the following (see ‘Further sources of advice’):
■■
■■
■■

the Environment Agency (EA) in England;
the Scottish Environment Protection Agency (SEPA) in Scotland;
Natural Resources Wales (NRW)/Cyfoeth Naturiol Cymru.

Consulting employees and/or safety representatives
5
Proper consultation with those who do the work, including all those who may
be affected by the presence of asbestos in their workplace, is crucial in helping toraise awareness of the importance of health and safety. It can make a significant
contribution to creating and maintaining a safe and healthy working environment
and an effective health and safety culture. In turn, this can benefit business inmaking it more efficient by reducing the number of accidents and incidents of workrelated ill health.

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6
Employers must consult safety representatives appointed by recognised tradeunions under the Safety Representatives and Safety Committees Regulations 1977.
Employees who are not covered by such representatives must be consulted either
directly or indirectly through elected representatives of employee safety under the
Health and Safety (Consultation with Employees) Regulations 1996.1

About ACOPs
7
Approved Codes of Practice are approved by the HSE Board with the consent
of the Secretary of State (see Appendix 1: Notice of Approval for details).
8
The ACOP describes preferred or recommended methods that can be used(or standards to be met) to comply with the Regulations and the duties imposed by
the Health and Safety at Work etc Act (the HSW Act).2 The accompanying guidance
also provides advice on achieving compliance, or it may give information of ageneral nature, including explanation of the requirements of the law, more specifictechnical information or references to further sources of information.
9

The legal status of ACOP and guidance text is given on the copyright page.

Presentation
10 The ACOP text is set out in bold and the accompanying guidance in normal
type, the text of the Regulations is in italics. Regulation 4, ‘duty to manage
asbestos in non-domestic premises’ has a page border to help the reader identify
the requirements under the regulation. This guidance was previously a stand-alone
publication, L127, and has now been incorporated into this ACOP.
11 Each regulation is preceded by a short summary of the main duties imposedby that regulation and aims to help the reader navigate the document. This text has
no ‘status’ (such as ACOP/guidance) and is for information only.

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Regulation 1 Citation and commencement
Regulation

1

These Regulations may be cited as the Control of Asbestos Regulations 2012 andcome into force on 6th April 2012.

Regulation 2 Interpretation
SummaryThis regulation provides definition and interpretation of the terms used in theRegulations.

Regulation

2(1)

In these Regulations—“adequate” means adequate having regard only to the nature and degree of
exposure to asbestos, and “adequately” must be construed accordingly;“appointed doctor” means a registered medical practitioner appointed for the time
being in writing by the Executive for the purpose of these Regulations;“approved” means approved for the time being in writing by the Executive;“asbestos” means the following fibrous silicates—
(a)
(b)
(c)
(d)
(e)
(f)

asbestos actinolite, CAS No 77536-66-4;
asbestos grunerite (amosite), CAS No 12172-73-5;
asbestos anthophyllite, CAS No 77536-67-5;
chrysotile, CAS No 12001-29-5 or CAS No 132207-32-0;
crocidolite, CAS No 12001-28-4; andasbestos tremolite, CAS No 77536-68-6,

and reference to “CAS” followed by a numerical sequence are references to CAS
Registry Numbers assigned to chemicals by the Chemical Abstracts Service, adivision of the American Chemical Society;“asbestos cement” means a material which is predominantly a mixture of cement
and chrysotile and which when in a dry state absorbs less than 30% water byweight;“asbestos coating” means a surface coating which contains asbestos for fire
protection, heat insulation or sound insulation but does not include textured
decorative coatings;“asbestos insulating board” (AIB) means any flat sheet, tile or building board
consisting of a mixture of asbestos and other material except—(a)(b)

asbestos cement; orany article of bitumen, plastic, resin or rubber which contains asbestos,and the thermal or acoustic properties of the article are incidental to its
main purpose;“asbestos insulation” means any material containing asbestos which is used forthermal, acoustic or other insulation purposes (including fire protection) except—(a)(b)

asbestos cement, asbestos coating or asbestos insulating board; orany article of bitumen, plastic, resin or rubber which contains asbestos
and the thermal and acoustic properties of that article are incidental to its
main purpose;
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Regulation

Managing and working with asbestos

2“the control limit” means a concentration of asbestos in the atmosphere whenmeasured in accordance with the 1997 WHO recommended method, or by amethod giving equivalent results to that method approved by the Executive, of 0.1
fibres per cubic centimetre of air averaged over a continuous period of 4 hours;“control measure” means a measure taken to prevent or reduce exposure toasbestos (including the provision of systems of work and supervision, the cleaningof workplaces, premises, plant and equipment, and the provision and use ofengineering controls and personal protective equipment);“emergency services” include—(a)(b)

police, fire, rescue and ambulance services;
Her Majesty’s Coastguard;“employment medical adviser” means an employment medical adviser appointed
under section 56 of the 1974 Act;
“enforcing authority” means the Executive, local authority or Office of Rail
Regulation, determined in accordance with the provisions of the Health and Safety(Enforcing Authority) Regulations 1998 and the provisions of the Health and Safety(Enforcing Authority for Railways and Other Guided Transport Systems) Regulations
2006;“ISO 17020” means European Standard EN ISO/IEC 17020, “General criteria forthe operation of various types of bodies performing inspection” as revised orreissued from time to time and accepted by the Comité Européen de Normalisation
Électrotechnique (CEN/CENELEC);“ISO 17025” means European Standard EN ISO/IEC 17025, “General requirements
for the competence of testing and calibration laboratories” as revised or reissued
from time to time and accepted by the Comité Européen de Normalisation
Électrotechnique (CEN/CENELEC);“licensable work with asbestos” is work—
(a)
(b)
(c)
(d)

where the exposure to asbestos of employees is not sporadic and of low
intensity; orin relation to which the risk assessment cannot clearly demonstrate thatthe control limit will not be exceeded; oron asbestos coating; oron asbestos insulating board or asbestos insulation for which the risk
assessment—(i)demonstrates that the work is not sporadic and of low intensity, or(ii) cannot clearly demonstrate that the control limit will not be
exceeded, or(iii) demonstrates that the work is not short duration work;“medical examination” includes any laboratory tests and X-rays that a relevant
doctor may require;“personal protective equipment” means all equipment (including clothing) which isintended to be worn or held by a person at work and which protects that person
against one or more risks to that person’s health, and any addition or accessory
designed to meet that objective;“relevant doctor” means an appointed doctor or an employment medical adviser. In
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Managing and working with asbestos

2

relation to work with asbestos which is not licensable work with asbestos and is
not exempted by regulation 3(2) “relevant doctor” also includes an appropriate fully
registered medical practitioner who holds a licence to practice;“risk assessment” means the assessment of risk required by regulation 6(1)(a);“textured decorative coatings” means decorative and textured finishes, such as
paints and ceiling and wall plasters which are used to produce visual effects andwhich contain asbestos. These coatings are designed to be decorative and any
thermal or acoustic properties are incidental to their purpose, and“the 1997 WHO recommended method” means the publication “Determination of
airborne fibre concentrations. A recommended method, by phase-contrast optical
microscopy (membrane filter method)”, WHO (World Health Organisation), Geneva
1997.
(2)

A reference to work with asbestos in these Regulations includes—(a)work which consists of the removal, repair or disturbance of asbestos ormaterials containing asbestos;work which is ancillary to such work; andsupervision of such work and such ancillary work.

(b)
(c)

(3) For the purposes of these Regulations, work with asbestos is not “shortduration work” if, in any seven day period—(a)(b)

that work, including any ancillary work liable to disturb asbestos, takes
more than two hours; orany person carries out that work for more than one hour.

(4) For the purpose of these Regulations, no exposure to asbestos will besporadic and of low intensity if the concentration of asbestos in the atmosphere,
when measured in accordance with the 1997 WHO recommended method or by amethod giving equivalent results to that method and approved by the Executive,
exceeds or is liable to exceed the concentration approved in relation to a specified
reference period for the purposes of this paragraph by the Executive.
(5) For the purposes of these Regulations, except in accordance withregulation 11(3) and (5), in determining whether an employee is exposed toasbestos or whether the extent of such exposure exceeds the control limit, no
account must be taken of respiratory protective equipment which, for the time
being, is being worn by that employee.
(6) In these Regulations the provisions of Appendix 7 to Annex XVII of the
REACH Regulations, which determine the labelling requirements of articles
containing asbestos, are reproduced in Schedule 2 (with minor changes reflecting
the practical implementation of the requirements).

Guidance

2

Definition of ‘asbestos’
12 ‘Asbestos’ is the general term used for the fibrous silicates listed in regulation
2(1). Any mixture containing one or more of these fibrous silicates at more than
trace amounts as defined in Asbestos: The analysts’ guide for sampling, analysis
and clearance procedures (The analysts’ guide)3 is within the definition. For any
work covered by the Regulations, ‘asbestos’ also includes asbestos-containing
materials (ACMs), containing any of these fibrous silicates or mixtures of them.
Three main types of asbestos were commonly used:
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■■
■■
■■

crocidolite (commonly known as blue asbestos);amosite (commonly known as brown asbestos);
chrysotile (commonly known as white asbestos).

13 Debris containing asbestos is also covered by the Regulations. If the debris
contains raw asbestos, asbestos insulation, asbestos coating or asbestos insulatingboard (AIB), even where it is not fulfilling its original purpose, ie the asbestos
materials may no longer be coating or insulating anything, a licensed asbestos
contractor is required to carry out the work, unless it does not meet the conditionsin the definition of licensable work in regulation 2(1).

Asbestos cement
14 Asbestos cement is mainly a mixture of chrysotile and cement, moulded andcompressed to produce a range of asbestos products such as profiled roofing
sheets and sidings, flat sheets, gutters, drainpipes, pressure pipes and flues.
15 Asbestos cement was widely used on the exterior of buildings and fordrainage products, as it is weatherproof and waterproof and will absorb less water(<30%) than asbestos insulation or AIB (>30%). Amosite and/or crocidolite
asbestos have also been used in asbestos cement and may sometimes be present
along with the chrysotile, but in smaller quantities.
16 As the asbestos fibres are mostly firmly bound into the cement matrix and notreadily made airborne, work with asbestos cement does not pose the same risks
as work with asbestos insulation, AIB and sprayed asbestos coatings. So, almost
all work involving asbestos cement will not be licensable. However, there may be
exceptional circumstances where asbestos cement has been so badly damaged
and broken up that the work may become licensable. In these rare cases, a risk
assessment will be required to determine if a licence is required.
Identifying asbestos cement products
17 A competent, experienced surveyor will normally be able to visually identify
most asbestos cement products. But, if visual identification is inconclusive, analysis
will be needed to establish the asbestos type(s). If, after analysis of the asbestos
types, there is still doubt about whether a material is an asbestos cement product,a water absorption measurement will be needed, following the methodology set out
at www.hse.gov.uk/asbestos/essentials/cement.htm to decide whether the material
is asbestos cement.
18 Asbestos analysis laboratories should be able to do this test. A list oflaboratories is available from the United Kingdom Accreditation Service (UKAS), see‘Further sources of advice’.

Textured decorative coatings
19 Textured decorative coatings containing asbestos are thin decorative andtextured finishes, such as paints and ceiling plasters, used to produce visual
effects. These coatings are designed to be decorative and any thermal or acoustic
properties are incidental to their purpose. The proportion of asbestos in suchcoatings is normally between 2–5% chrysotile.
20 Work with textured decorative coatings will not normally be licensable work,
as work with this material will usually not meet the conditions in the definition oflicensable work in regulation 2(1).

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21 The term textured ‘coating’ does not apply to the base material the coating isapplied to, even if that base material contains asbestos. (The base material may,
however, fall within the definition of asbestos insulation or AIB.)

Asbestos insulating board (AIB)
22 AIB is a lightly compressed board made from asbestos fibre and hydrated
Portland cement or calcium silicate with other filler materials. AIB is covered by thedefinition in regulation 2(1), whether or not the board is used for insulation. For
instance, this definition still applies to AIB when its main purpose is structural, eg asa wall partition. Asbestos wallboard (a more compressed variety of AIB) also falls
into this category.

Asbestos insulation
23 The definition of ‘asbestos insulation’ in regulation 2(1) describes ACMs, whichwere not in practice applied as coatings: those used for heat, sound, fire protection
and other insulation purposes. This includes:
■■
■■

■■

preformed sections of pipe insulation;asbestos lagging and asbestos infill (asbestos used to fill the spaces between
voids, applied between floors and packed around cables where they passbetween floors);
millboards (that have been used for insulation of electrical equipment and forthermal insulation).

Asbestos coating
24 ‘Asbestos coating’ describes the various mixtures containing asbestos, widelyused as surface coatings for fire protection purposes or as both heat and soundinsulation. Most of these coatings were applied by spray but some were applied byhand.
25 Asbestos coating means the coating itself and not the base material it isapplied to. However, in some cases the base material may also be an ACM (suchas asbestos insulation or AIB).

ACOP

2

Sporadic and low intensity exposure
26 For the purposes of regulation 2(4), for exposure to be sporadic and of
low intensity, the concentration of asbestos in the atmosphere should notexceed or be liable to exceed the concentration approved in relation to a
specified reference period by the Health and Safety Executive.
27 This is 0.6 fibres per cubic centimetre (f/cm3) in the air measured over aten-minute period. Any exposure which exceeds or is liable to exceed this is
not sporadic and of low intensity.

Guidance2

28 The unit f/cm3 is the same unit as f/ml. This ten-minute limit is sometimes
called the short-term exposure limit or STEL. It refers to the highest level ofconcentration for any ten minute period of duration of the work. Note that thisapproved concentration for sporadic and low intensity exposure is not the same as
the ’control limit‘ defined in regulation 2.

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ACOP

Managing and working with asbestos

2

Work with asbestos
29‘Work with asbestos’ includes:

■■
■■
■■

work which removes, repairs or disturbs asbestos;work which is ancillary to such work (ancillary work);supervising the work referred to in the two bullet points above(supervisory work).

Licensable work
30 Certain types of work with ACMs can only be done by those who havebeen issued with a licence by HSE. This is work which meets the definition of‘licensable work with asbestos’ in regulation 2(1). That is work:
■■
■■

■■

■■

where worker exposure to asbestos is not sporadic and of low intensity(see paragraphs 26–27); or
where the risk assessment cannot clearly demonstrate that the control
limit (0.1 f/cm3 airborne fibres averaged over a four-hour period) will not
be exceeded; oron asbestos coating (surface coatings which contain asbestos for fire
protection, heat insulation or sound insulation but not including textured
decorative coatings); oron asbestos insulation or AIB where the risk assessment demonstrates
that the work is not sporadic and of low intensity, the control limit will be
exceeded and it is not short duration work.

31 Short duration means the total time spent by all workers working withthese materials does not exceed two hours in a seven-day period, includingtime spent setting up, cleaning and clearing up, and no one person works formore than one hour in a seven-day period.

Guidance2

Deciding if work is licensable
32 It is relatively easy to release asbestos fibres when working with asbestos
insulation, asbestos coatings and AIB. In most cases, only those with a licenceshould carry out work with these materials. However, licensing will not apply toshort-duration work where the risk assessment shows the work will only produce
sporadic and low intensity exposure and will not exceed the control limit.
33 Employers need to consider whether the work meets the criteria set out in thedefinition of licensable work (see paragraph 30) and, if it does, a licence will be
required. Licences are issued for a set period, during which the licence holder can
carry out licensable work. A licence does not need to be issued for each individual
work activity.
34 There is further information on applying for a licence from HSE in paragraphs
204–212.
35

Table 1 gives examples of licensable and non-licensable work.

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Table 1 Examples of licensable and non-licensable work
Work which requires a licencefrom HSE

Work which does not usually requirea licence from HSE

Removing sprayed coatings (limpet
asbestos)

Small, short duration maintenancetasks where the control limits will not
be exceeded

Removal or other work which may
disturb pipe lagging
Any work involving loose fill insulation
Work on millboard
Cleaning up significant quantities ofloose/fine debris containing ACM dust
(where the work is not sporadic and of
low intensity, the control limit will be
exceeded or it is not short duration
work)
Work on AIB, where the risk
assessment indicates that it will not beof short duration

Removing textured decorative coatingsby any suitable dust-reducing method
Cleaning up small quantities of loose/fine debris containing ACM dust (where
the work is sporadic and of low
intensity, the control limit will not be
exceeded and it is short duration work)
Work on asbestos cement products orother materials containing asbestos(such as paints, bitumen, resins,
rubber, etc) where the fibres are boundin a matrix which prevents most ofthem being released (this includes,
typically, aged/weathered AC)
Work associated with collecting andanalysing samples to identify thepresence of asbestos

ACOP

2

Ancillary work
36 ‘Ancillary work’ means work associated with the main work of repair,removal or disturbance of asbestos. Work carried out in an ancillary capacity
requires a licence unless the main work (ie the removal, repair, disturbance
activity) does not meet the conditions in the definition of licensable work.
37 ‘Ancillary work’ includes maintenance work on equipment (eg class H
vacuum cleaners (BS 8520-3:2009)4 and air extraction equipment (including‘negative pressure’ units) which involves contaminated (or potentiallycontaminated) parts of that equipment. ‘Negative pressure’ refers to airpressure in an enclosure being lower than the air outside it.
38 Ancillary work also includes putting up and taking down scaffolding,including any scaffolded frame, to provide access for licensable work, where
it is foreseeable that the scaffolding activity is likely to disturb the asbestos.
Supervisory work
39 ‘Supervisory work’ means work involving direct supervision over thoseremoving, repairing or disturbing asbestos. This applies to supervisory workfor both licensable and non-licensable activities.

Competence
40 Any reference in this document to competence, competent persons orcompetent employees is a reference to a person or employee who hasreceived adequate information, instruction and training for the task being
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done and can demonstrate an adequate and up-to-date understanding of thework, required control measures and appropriate law. They must also haveenough experience to apply this knowledge effectively.

Regulation 3 Application of these Regulations
SummaryThis regulation states how the Regulations apply to dutyholders (including theself-employed).
Regulation 3(2) also provides for an exemption from the application of some of
the Regulations. To benefit from the exemption, the work with asbestos mustmeet certain criteria.

Regulation

3(1) These Regulations apply to a self-employed person as they apply to an
employer and an employee and as if that self-employed person were both an
employer and an employee.
(2) Regulations 9 (notification of work with asbestos), 18(1)(a) (designatedareas) and 22 (health records and medical surveillance) do not apply where—
(a)
(b)
(c)

the exposure to asbestos of employees is sporadic and of low intensity;
andit is clear from the risk assessment that the exposure to asbestos of any
employee will not exceed the control limit; andthe work involves—
(i)
(ii)
(iii)
(iv)

short, non-continuous maintenance activities in which only nonfriable materials are handled, or
removal without deterioration of non-degraded materials in which
the asbestos fibres are firmly linked in a matrix, or
encapsulation or sealing of asbestos-containing materials which arein good condition, or
air monitoring and control, and the collection and analysis ofsamples to ascertain whether a specific material contains asbestos.

(3) Where a duty is placed by these Regulations on an employer in respectof employees of that employer, the employer is, so far as is reasonably practicable,
under a like duty in respect of any other person, whether at work or not, who may
be affected by the work activity carried out by that employer except that the dutiesof the employer—(a)(b)

under regulation 10 (information, instruction and training) do not extend
to persons who are not employees of that employer unless those
persons are on the premises where the work is being carried out; andunder regulation 22 (health records and medical surveillance) do notextend to persons who are not employees of that employer.

(4) Regulation 17 (cleanliness of premises and plant), to the extent that it
requires an employer to ensure that premises are thoroughly cleaned, does not
apply—(a)in England and Wales, to a fire and rescue authority within the meaningof section 1 of the Fire and Rescue Services Act 2004 or, in Scotland,
the Scottish Fire and Rescue Service,1 in respect of premises attended
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3(b)by its employees for the purpose of fighting a fire or in an emergency; orto the employer of persons who attend a ship in dock premises for the
purpose of fighting a fire or in an emergency, in respect of any ship so
attended,

and for the purposes of this paragraph “ship” includes all vessels and hovercraft
which operate on water or land and water, and “dock premises” means a dock,wharf, quay, jetty or other place at which ships load or unload goods or embark or
disembark passengers, together with neighbouring land or water which is used or
occupied, or intended to be used or occupied, for those or incidental activities, andany part of a ship when used for those or incidental activities.
(5) These Regulations shall not apply to the master or crew of a ship or to
the employer of such persons in respect of the normal shipboard activities of aship’s crew which are carried out solely by the crew under the direction of themaster, and for the purposes of this paragraph “ship” includes every description ofvessel used in navigation, other than a ship forming part of Her Majesty’s Navy.
1 Words substituted by the Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications
and Savings) Order 2013/119 (Scottish SI) Sch. 2 para 27 (April 1, 2013)

Guidance

3

Exemption from regulations 9, 18(1)(a) and 22: An overview
41 Work with asbestos includes work involving the removal, repair or disturbanceof asbestos or ACMs, as well as any ancillary work and any supervision of suchwork.
42 All employers working with asbestos should comply with the requirements of
the Regulations which help prevent and control exposure to asbestos, including:
■■
■■
■■
■■

carrying out a risk assessment;planning the work;
providing appropriate information, instruction and training to workers;
taking measures to prevent exposure and prevent the spread of asbestos.

43 However, regulation 3(2) exempts certain types of work with asbestos fromthe requirements of:
■■
■■
■■

regulation 9, on notifying work with asbestos;
regulation 18(1)(a) on designating and segregating areas where work is being
carried out;
regulation 22, on requirements for medical surveillance and keeping healthrecords.

44 Whether the exemption applies will be decided by identifying the type of work
being done and the condition and type of ACM involved, and comparing this withthe exemption conditions set out in regulation 3(2)(a), (b) and (c). This should beconsidered as part of the risk assessment which is required before work starts(under regulation 6).
45

The exemption will not apply to:■■■■licensable work with asbestos;certain types of non-licensable work with asbestos (known as notifiable nonlicensed work or NNLW).

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46 Licensable work does not meet the exemption conditions set out inregulations 3(2)(a) and 3(2)(b) because exposure to asbestos will not be sporadic
and of low intensity and/or the risk assessment cannot clearly demonstrate that
exposure will be below the control limit. As a result, the requirements of regulation
9, regulation 18(1)(a) and regulation 22 apply to all licensable work.
47 See paragraph 30–35 and Table 1 for further information on identifying if work
is licensable or not.
48 See paragraph 52 for further information on whether non-licensable work
meets the requirements of the exemption, or if it is NNLW.

Deciding if non-licensable work is exempt from regulations 9,18(1)(a) and 22
49 Although it does not require a licence issued by HSE, all non-licensable workwith asbestos will still need to be carried out in accordance with the requirements
contained in the Regulations. In particular, it needs to be carried out by trained andcompetent workers in accordance with a plan of work, using appropriate control
measures to prevent exposure and the spread of asbestos.
50 To decide if the exemption from the requirements in regulations 9, 18(1)(a) and
22 applies to non-licensable work, the employer needs to make an assessment of
the work to be done and decide if it meets the following conditions (taken from
regulation 3(2)):
■■
■■
■■

Condition 1 – the exposure to asbestos of employees is sporadic and of low
intensity; andCondition 2 – it is clear from the risk assessment that the exposure toasbestos of any employee will not exceed the control limit; andCondition 3 – the work falls into one of the following categories:–– short, non-continuous maintenance activities in which only non-friablematerials are handled;–– removal without deterioration of non-degraded materials in which theasbestos fibres are firmly linked in a matrix;–– encapsulation or sealing of ACMs in good condition;–– air monitoring and control, and collecting and analysing samples toestablish whether a specific material contains asbestos.

51 Non-licensable work should automatically meet both Conditions 1 and 2 inparagraph 50 (otherwise it would be licensable work – see paragraph 46). In
addition, for the exemption to apply, the non-licensable work should fall into one of
the categories listed under Condition 3 in paragraph 50.
52 If the work has been identified as non-licensable work, because it meetsConditions 1 and 2, but does not fall within one of the categories listed under
Condition 3 then it does not qualify for an exemption and is NNLW. The employer
will need to follow the requirements of regulations 9, 18(1)(a) and 22. This means
that, in addition to the other requirements for non-licensable work, the employer willneed to:
■■
■■
■■
■■

notify the work with asbestos to the relevant enforcing authority;
designate the area where work with asbestos is being done;ensure medical examinations are carried out for workers doing NNLW;
maintain health records for employees doing NNLW.

53

There is further information on how to notify in paragraphs 213–224.
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54 There is further information on the duties relating to designated areas inparagraphs 469–478.
55 There is further information on the duties relating to medical examinations forworkers in paragraphs 499–507.
56

There are further examples of non-licensable work in Asbestos essentials.5

57 A decision flow chart can be found online atwww.hse.gov.uk/pubns/guidance/a0.pdf.
Examples of non-licensable work and NNLW
58 It is not possible to provide definitive lists of non-licensable work and NNLW
as this will depend on the circumstances of the individual work activity. However,Tables 2 and 3 provide some examples of the typical kinds of work that will and will
not normally be considered to be NNLW. These tables are not intended to be
exhaustive and an assessment of the potential for asbestos fibre release will beneeded in cases of doubt.
59 Note that where a number of activities are being carried out on ACMs as partof a larger work activity (eg refurbishment of part of a building), the work activities
should be considered collectively rather than individually when deciding if they are
NNLW or not.
Table 2 Examples of non-licensable work that will not normally be NNLW
The following work activities will not normally be NNLW:
Removal of asbestos cement products, (eg roof sheeting and rainwater goods)
provided the material is carefully handled/removed without breaking up; thisincludes work with asbestos cement which is weathered but not otherwise
substantially damaged.
Maintenance work involving asbestos cement products (eg on roof sheeting andrainwater goods).
Removal of small areas of textured decorative coatings using gel/steam, tosupport other activities such as installation/replacement of smoke alarms andlight fittings.
Removal without deterioration, of textured decorative coatings (eg if the backing
board is carefully cut around to achieve virtually intact removal).
Drilling of textured decorative coatings for installation of fixtures/fittings.
Encapsulation and sealing-in work on ACMs that are in good condition (egrepairing damaged sealing material).
Removal and reattachment of loosely fixed (eg screwed) AIB panels in order togain access to areas for other maintenance activities (eg under a bath to carryout pipework maintenance, or for access to a ceiling void for repair of lighting).
Painting/repainting AIB.

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Table 2 Examples of non-licensable work that will not normally be NNLW continued
Short duration work to repair minor damage to AIB.
Short duration work involving drilling holes in AIB (eg when installing shelving).
Maintenance work involving asbestos in ropes, yarns and woven cloth.
Maintenance work on asbestos gaskets (including removal as part of repair andupkeep of equipment).
Maintenance work involving asbestos-containing thermoplastic and vinyl floor
tiles, bitumen roof felt, shingles, damp-proofing coatings, mastics.
Maintenance of asbestos-containing felt and paper.
Maintenance work involving plastic paint coatings, PVC floors, panels and sealing
compounds.
Maintenance of asbestos-containing conveyor belts/drive belts, bonded rubber,electric cable.
Maintenance of resin-based ACMs such as friction products (eg brake linings).
Air and bulk sampling for asbestos fibre.
Table 3 Examples of non-licensable work that will normally be NNLW
The following work activities will normally be NNLW:
Removal of asbestos cement products (eg roof sheeting) which are substantiallydamaged or broken up (eg as a result of fire or flood).
Removal of asbestos cement products (eg roof sheeting) where the material will
be substantially broken up, creating significant quantities of dust and debris (eg‘dropping’ an asbestos cement roof).
Large-scale removal of textured decorative coatings using steaming or gelling
methods (eg beyond that required for maintenance activities such as installation/
replacement of smoke alarms and light fittings).
Short duration (< 2 hours) work to remove AIB as part of demolition or major
refurbishment.
Short duration (< 2 hours) work on asbestos insulation.

60 To decide if work which is not listed in Tables 2 and 3 is NNLW or not, anassessment will be needed using the criteria set out in regulation 3(2). Paragraphs
58–73 provide further information.

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Short, non-continuous maintenance work with non-friablematerials
Type of maintenance work
61 To meet the requirements of the exemption in regulation 3(2) maintenancework needs to be short and non-continuous; both of these elements will be
determined by the nature of the work. Take a common sense approach to decide
whether work can be short non-continuous work. For example, this type of work
could include small routine building maintenance tasks, or a series of similar small
tasks, or work that is carried out as part of a larger maintenance activity. Most
routine work in buildings will be maintenance, such as replacing an AIB fire door orremoving/replacing ceiling tiles when rewiring light fittings etc.
62 Work carried out as part of a much larger project of demolition or a total
refurbishment of a building would be likely to mean it is removal rather thanmaintenance work.
Friable and non-friable materials
63 ACMs vary in how easily they are broken up and how readily they releaseasbestos fibres into the air. The more friable a material is, the more likely it will
release fibres when worked on and the greater the risk of exposure.
64 Certain ACMs such as sprayed coatings on steelwork have a high tendency torelease asbestos fibres and are more friable in their nature. Other ACMs have an
ability to retain most fibres and are non-friable, eg if they are bound into a bonding
material or matrix such as cement, bitumen, resins, rubber etc.

Removal without deterioration of non-degraded asbestos
materials firmly held in a matrix
Non-degraded material

65 Non-degraded material means materials which are in good condition andcapable of retaining most of the asbestos fibres. Materials that have beensignificantly damaged, such as by water, heat, fire or explosion, or have beencrushed will be more likely to release fibres and should be considered to be
degraded and therefore NNLW.
Removing ACM without deterioration
66 Whether an ACM can be removed without it breaking up (deteriorating) willneed to be assessed on a case-by-case basis. If there is a reasonable expectationfrom the risk assessment before work starts that, given its condition on site,
handling the ACM would not cause significant breakage/deterioration then the work
will fall within the exemption in regulation 3(2) and will not be NNLW.
67 Deterioration includes substantial deformation. If there was minimal breakage
during the work, this condition could still be met provided that most of the ACM
remains virtually intact.
68 If the ACM is deliberately and substantially deteriorated when worked on or
the material’s matrix is significantly destroyed, the work will usually be considered
to be NNLW. For example, removing substantial areas of textured decorative
coatings by steaming or gelling means it will not be possible to do the work without
deforming or deteriorating the coatings.
69 The condition of ACM and predicting how it will react when worked with willneed to be assessed. For example, removing whole sheets of asbestos cement
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which are weathered, but not otherwise substantially damaged will fall within the
exemption and will not be NNLW. However, if the work is carried out in such a waythat will substantially break up those same sheets (eg by remote mechanicaldemolition), the exemption will not apply and the work will be NNLW. Also if the
sheets are in such poor condition that it is not possible to remove them without
significant break-up/disintegration of the cement matrix, the work is likely to be
NNLW.
Asbestos fibres firmly linked in a matrix
70 Where asbestos fibres are firmly linked in a matrix, they do not normally break
down easily and do not tend to release significant levels of fibres. These types ofmaterials will only usually release fibres if work is carried out to damage the matrix,
such as cutting asbestos cement sheets.
71 In certain types of ACM, the asbestos fibres will usually be firmly linked in amatrix and will not be released easily. This includes:
■■
■■
■■

asbestos cement, (unless it is substantially fragmented, crushed, or otherwise
significantly damaged);textured decorative coatings;
paints with asbestos, any article of bitumen, plastic, resin or rubber whichcontains asbestos where its thermal or acoustic properties are incidental to its
main purpose, such as vinyl floor tiles, electric cables and roofing felt.

72 Work with these materials will generally not be NNLW, provided they are ingood condition and the work to be done on them will not result in significant breakup or deterioration of the material.
73 There may be other materials which can be classified as firmly linked in amatrix, depending on their condition and make up, such as paper linings,
cardboards, felt, textiles, gaskets, washers, and rope.

Encapsulation or sealing of ACMs in good condition
74 Work which involves the encapsulation with sealants or enclosure of ACMs,
and where the condition of the materials will not lead to substantial fibre release,
meets the conditions of the exemption in regulation 3(2) and will not be NNLW.

Air monitoring and control and collecting samples
75 Work involving the collection and analysis of samples to determine thepresence of asbestos meets the conditions of the exemption in regulation 3(2) andwill not be NNLW. The same is true for activities involving air monitoring todetermine the presence of asbestos. However, these activities should be carriedout in such a way that disturbance to ACMs is minimal.

ACOP

3

Employers’ duties to others
76 Employers must take into account people other than their own
employees in the risk assessment required by regulation 6 and in the action
taken to prevent or control exposure required by regulation 11.
77 Whenever two or more employers work with asbestos or are likely tocome into contact with asbestos at the same time, at the same workplace,they should co-operate to meet their separate responsibilities towards theirown and each other’s employees as well as other people who may beaffected by the work. They should also consult relevant safety representatives
and employee representatives.
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Table 4 Summary of employers’ (and self-employed people’s) duties under theControl of Asbestos Regulations 2012 in respect of employees and others
Duty of employer relating to:

Duty for the protection of:

Employees

Other people on
the premises

Other people likely
to be affected by
the work

Regulations 5–9,
11, 13–15, 17–19
and 23Yes

So far as isreasonably
practicable

So far as isreasonably
practicable

Regulation 10 –provision of
information,
instruction andtraining

Yes

So far as isreasonably
practicable

No

No

No

Regulation 22 –Yeshealth records andmedicalsurveillance

78 As set out in Table 4, some employers’ duties to other people, not employedby them, extend so far as is reasonable practicable. Further explanation of the term‘reasonably practicable’ is provided on HSE’s website at www.hse.gov.uk/risk/faq.htm.
In relation to the Regulations this will generally focus on ensuring that those who may
be affected by work on asbestos are:
■■
■■
■■

prevented from entering contaminated areas;
not exposed to asbestos as a result of the work being done;
provided with enough information to avoid risks from the work area.

79 In particular, the risk assessment (regulation 6) and plan of work (regulation 7)
and the control measures used should take account of people not directly
employed by the employer but who could be affected by work being done on
asbestos. This includes contractors and other employees working on the premises
for other employers; other people occupying the premises; members of the public
and other visitors etc.

Duties under other regulations
80 There are other people associated with the work covered by this ACOP who
may not have direct duties under the Regulations but may well have duties underother legislation. This may include analysts, coordinators, clients, designers andprincipal contractors as defined by the Construction (Design and Management)
Regulations 2007 (CDM).6 People carrying out site clearance certification (eganalysts) may have general duties under sections 2, 3, 7, 8, 36 or 37 of the HSW Act.

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Regulation 4 Duty to manage asbestos in nondomestic premises
SummaryThis regulation covers the duty to manage asbestos in non-domestic premises.
It requires dutyholders to identify the location and condition of asbestos in nondomestic premises and to manage the risk to prevent harm to anyone whoworks on the building or to building occupants. It also explains what is requiredof people who have a duty to co-operate with the main dutyholder to enable
them to comply with the regulation. Non-domestic premises includes thecommon parts of domestic premises.

Regulation

4(1)

In this regulation “the dutyholder” means—(a)every person who has, by virtue of a contract or tenancy, an obligation ofany extent in relation to the maintenance or repair of non-domestic
premises or any means of access or egress to or from those premises;orin relation to any part of non-domestic premises where there is no suchcontract or tenancy, every person who has, to any extent, control of thatpart of those non-domestic premises or any means of access or egress
to or from those premises.

(b)

and where there is more than one such dutyholder, the relative contribution to bemade by each such person in complying with the requirements of this regulation will
be determined by the nature and extent of the maintenance and repair obligation
owed by that person.
(2) Every person must cooperate with the dutyholder so far as is necessary
to enable the dutyholder to comply with the duties set out under this regulation.
(3) In order to manage the risk from asbestos in non-domestic premises, thedutyholder must ensure that a suitable and sufficient assessment is carried out as
to whether asbestos is or is liable to be present in the premises.
(4)

In making the assessment—

(a)
(b)

such steps as are reasonable in the circumstances must be taken; andthe condition of any asbestos which is, or has been assumed to be,present in the premises must be considered.

(5) Without prejudice to the generality of paragraph (4), the dutyholder mustensure that—(a)(b)

account is taken of building plans or other relevant information and of theage of the premises; andan inspection is made of those parts of the premises which arereasonably accessible.

(6) The dutyholder must ensure that the assessment is reviewed without
delay if—(a)(b)

there is reason to suspect that the assessment is no longer valid; orthere has been a significant change in the premises to which theassessment relates.
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4(7) The dutyholder must ensure that the conclusions of the assessment andevery review are recorded.
(8) Where the assessment shows that asbestos is or is liable to be present
in any part of the premises the dutyholder must ensure that—
(a)
(b)
(c)

a determination of the risk from that asbestos is made;a written plan identifying those parts of the premises concerned isprepared; andthe measures which are to be taken for managing the risk are specified in
the written plan.

(9) The measures to be specified in the plan for managing the risk must
include adequate measures for—
(a)
(b)
(c)

monitoring the condition of any asbestos or any substance containing or
suspected of containing asbestos;ensuring any asbestos or any such substance is properly maintained orwhere necessary safely removed; andensuring that information about the location and condition of any
asbestos or any such substance is—(i)provided to every person liable to disturb it, and(ii) made available to the emergency services.

(10) The dutyholder must ensure that—
(a)

(b)
(c)

the plan is reviewed and revised at regular intervals, and without delay if—(i)there is reason to suspect that the plan is no longer valid, or(ii) there has been a significant change in the premises to which theplan relates;
the measures specified in the plan are implemented; andthe measures taken to implement the plan are recorded.

(11) In this regulation—
(a)
(b)
(c)

ACOP

4

“the assessment” is a reference to the assessment required byparagraph (3);“the plan” is a reference to the plan required by paragraph (8); and“the premises” is a reference to the non-domestic premises referred to inparagraph (1).

Managing the risk
81

The dutyholder must manage the risk from asbestos on the premises.

82 The main dutyholder is required to ensure that a written plan is preparedthat shows where the ACM is located and how it will be managed to prevent
exposure to asbestos, including to contractors and other workers who may
carry out work on the fabric of the building that could disturb the ACM. This
plan then needs to be put into action and communicated to those affected.
The dutyholder needs to ensure the plan is reviewed regularly and updated as
circumstances change, in consultation with all those who may be affected.

Guidance

4

83 The regulation is designed to make sure anyone who carries out any work in
non-domestic premises and any occupants of the premises are not exposed toasbestos from ACMs that may be present.

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84 The regulation identifies those who have the main responsibilities (iedutyholders) under the regulation and places certain duties on them. Dutyholders
must ensure risks from the presence of asbestos in the premises are managed. The
regulation also requires additional groups to co-operate with, or provide information
to, the main dutyholder.
85 In practice, the duty to manage requires the main dutyholder to make surethat competent persons:■■■■assess whether the premises are liable to contain asbestos and identify its
location and condition (or, alternatively, assume asbestos is present andmanage the premises accordingly);
assess the risk from any located (or assumed) ACMs and to identify vulnerable
or damaged ACMs and arrange for their repair and/or protection or, where
necessary, arrange removal by somebody competent to do this.

86 An essential part of the duty to manage is making sure that information on thelocation and condition of the ACM is passed on to contractors and other workers
who may carry out work on the fabric of the building that could damage/disturb
asbestos. This allows them to put in place appropriate controls to protect
themselves and others in the building.
87 To help the main dutyholder and others who have duties under this regulation,
paragraphs 88–147 give guidance on:
■■
■■
■■
■■
■■

where the duty to manage applies;
where the duty to manage applies to common parts of domestic premises;
identifying who the dutyholders are;who has a duty to co-operate with the dutyholder;
what the dutyholder must do to comply with the law.

Where the duty to manage applies
88 The duty to manage covers all non-domestic premises. This includes allindustrial and commercial buildings, such as factories, warehouses, offices andshops. The duty also covers public buildings such as hospitals, schools, museums,
libraries, leisure centres, churches and other religious buildings. In addition,
premises include road and rail vehicles, vessels, aircraft and offshore installations,as well as structures and installations (such as bridges), street furniture (such as
street lighting) etc.
89 The duty does not apply to domestic premises such as private houses.
However, the duty does apply to the ‘common parts’ of multi–occupancy domestic
premises, such as purpose-built flats or houses converted into flats. The common
parts of such domestic premises might include foyers, corridors, lifts and lift shafts,
staircases, roof spaces, gardens, yards, outhouses and garages but not the private
domestic area inside each flat.
90 Common parts do not include rooms within a private residence that areshared by more than one household such as bathrooms and kitchens in sharedhouses and communal dining rooms and lounges in sheltered accommodation.
Common parts of domestic premises
91 Table 5 sets out examples of if and where the duty to manage is likely to apply
to parts of domestic premises.
92 Note that even where the duty to manage under regulation 4 does not apply,
Section 3 of the HSW Act does apply to anyone conducting a business, such as
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landlords of domestic premises. The section 3 duty stipulates that an employer or
self-employed person must ensure so far as is reasonably practicable that the
conduct of their undertaking does not present a risk to the health and safety ofpeople who are not their employees.
Table 5 Duty to manage in common parts of domestic premises
Type ofresidence

Type of occupation

Rooms or parts

Duty tomanageapplies?

Private house –single dwelling
includingbedsits

Owner occupier

All

No

Let to single family

All

No

Occupied by more than one
familyPrivate rooms, egNobedroom, living room

Rooms let to lodgers

Shared rooms, eg
kitchen, bathroom,
lavatoryNo

Common parts foraccess andcirculation, eg
entrance hall,
staircaseNo

Private rooms

No
No

House
converted intoflats

Occupied by more than one
familyPrivate rooms

Garages,parking spaces

Integral to, or linked withresidence

PrivateNo

Not allocated to any specificpersonCommon parts – foraccess andcirculation

Yes

Occupied by more than one
familyIndividual flats

No

Common parts, eg
foyer, lift, stairs,
lobby, boiler andplant room, roof
space, communal
yard, garden, store
rooms, bike shelter,
external outbuilding

Yes

Block of flats

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Yes
access, circulationand storage, eg
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Table 5 Duty to manage in common parts of domestic premises (continued)
Type ofresidence

Type of occupation

Rooms or parts

Flats over a
shop or office,with or without
a separate
entrance

Occupied by the shop or office Private rooms
owner

No

Leased separately

Private rooms

No

Access andcirculation areas

Yes

Shelteredaccommodation

Private rooms

No

Common rooms, eg
dining room, lounge

No

Work areas, eg
kitchen, staff room,
laundry

Duty tomanageapplies?

Yes

Common parts, eg
foyer, lift, stairs,
circulation areas,
boiler room, store
rooms, roof space,external outbuilding

Yes

Hotel, pubs,
Includes bed and breakfast, if
guest house,that is the main purpose
hall of residence,
hostel (privateand local
authority), carehome

Private rooms
occupied by the
owner

No

Tied cottage/
Leased or rent-freeaccommodation

All

Farm

Farmhouse

Leased or rent-free

Guest
Yes
accommodation andcommon parts (egfoyer, lift, stairs,
circulation areas),
store rooms, roof
space, outbuildings

Farm buildings

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No
No
Yes

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Identifying dutyholders
93 The duty to manage is placed on the person or organisation that has themain responsibility for maintenance or repair of non-domestic premises andcommon parts of domestic premises. The dutyholder may be the owner or,
where there is an explicit agreement, such as a tenancy agreement orcontract, the dutyholder may be the occupier or the landlord, sub-lessor or
managing agent. It may also be the tenant. Where there is a tenancy
agreement or contract, the extent of the duty will depend on the nature ofthat agreement. In some circumstances, the duty to manage may be shared.
If so, the dutyholders should co-operate to make sure that the risk fromasbestos is managed appropriately.
94 The extent of the duty will, in most cases, be determined by the degreeof responsibility over matters concerning the fabric of the building and themaintenance activities carried out there. For example, the owner may rent out
or lease workplace premises under agreements where the tenants are
responsible for all alterations, maintenance and repairs in the premises. In
such situations, the tenants will be the dutyholder.
95 There may be no tenancy agreement or contract or, if there is, it may not
specify who has responsibility for the maintenance or repair of non-domestic
premises. In these cases, or where the premises are unoccupied, the duty isplaced on whoever has ultimate control of the premises, or part of thepremises, eg the owner.

Guidance4

Dutyholders for public buildings
96 The identity of the dutyholder in public buildings, such as hospitals, schools andsimilar premises will depend on how responsibility for maintenance of the premises isallocated. For example in most schools, the dutyholder will be the employer. Who theemployer is varies with the type of school. For local authority managed schools, eg
community schools and voluntary-controlled schools, the employer is the local
authority. For voluntary-aided and foundation schools, it will be the school governors,
and for academy and Free Schools, the academy trust will be the employer.
For independent and fee-paying schools, it may be the proprietor, governors ortrustees. Budgets for repair and maintenance of school buildings are
sometimes delegated to schools by a local authority, with capital expenditure
remaining the responsibility of the local authority. In such cases, the duty to manage
asbestos is shared between schools and the local authority.

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Deciding who has the duty to manage
97 In situations where there is no owner with sole responsibility for
maintenance of the premises, it will be necessary to consult the detail of any
contract/tenancy agreement to help establish who is responsible for whichaspects of the requirements, under regulation 4.

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98 Table 6 shows some examples of tenancy arrangements and how
responsibilities may be allocated or shared under the regulation.
Table 6 Identity of dutyholders
Responsibility for premises

Who has the duty to manage underregulation 4?

The owner has sole responsibility
The owner
for the premises or has sole
responsibility for the common partsof multi-occupied buildings
Under a tenancy agreement orcontract, tenants (including
employers or occupiers) areresponsible for alterations, repairs
and maintenance

The tenant, or tenants, in multioccupancy premises

Under a tenancy agreement orcontract, the owner keeps
responsibility for maintenance andrepairs, and the owner has control
of access by maintenance workers
into the building

The owner

Under a tenancy agreement orcontract, responsibility is shared
between several people, eg
owners, sub-lessors, occupiers andemployers

Each party – for those parts of thepremises for which they havemaintenance responsibilities

If an owner/leaseholder uses a
managing agent

The owner

There is no tenancy agreement orcontract

The person in control of the premises

The premises are unoccupied

The person in control of the premises

Note that employers occupying thepremises also have a general duty of
co-operation to comply with therequirement of any health and safety
regulations under regulation 11 of theManagement of Health and Safety at
Work Regulations 19997

The managing agent would act onbehalf of the owner but does notassume the owner’s duties in law. The
ultimate responsibility remains withthe owner

Changes in tenancy or occupation
99 If the terms of the tenancy are altered or if the building is vacated, theowner or leaseholder must make sure all relevant information is passed on to
any new occupier.

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Duty to co-operate
100 If the owner rents, leases or lets out under a contract or agreement andgives shared responsibility to the owner and the occupier(s), all parties shouldmake whatever parts of the building they are responsible for available to one
another. This enables each dutyholder to carry out their responsibilities underregulation 4.
101 Anyone who is not a dutyholder, but has information on or control of thepremises, must help the dutyholder, as far as necessary, to comply with theduty. But this does not extend to paying for or sharing the costs of any
actions the dutyholder takes to manage these risks.

Guidance

4

102 Some examples of where the duty to co-operate applies are listed below.
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■■

■■

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■■

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An owner who has no maintenance and repair responsibilities for the premises
would still need to provide any information they have on the building to help toconfirm if there are ACMs present or not.
Architects, surveyors or building contractors who were involved in theconstruction or maintenance of the building are expected to make thisinformation available at a justifiable and reasonable cost.
Those in occupation of the premises, who have no maintenance or repair
responsibilities, but may still control access to the premises, are required toco-operate by allowing the dutyholder access to carry out the actions needed
to comply with the duty.
Where the duty to manage is shared between two or more dutyholders, theymust co-operate to make sure they comply with the requirements of regulation 4.
In public buildings, such as hospitals and schools where the employees of anumber of employers must work together, to allow the dutyholder to comply
with the requirements of the Regulations.

Delegating tasks
103 The dutyholder’s legal responsibilities cannot be delegated, but
dutyholders can nominate others to do all or part of the work to assist incomplying with the duties. Anyone or any organisation who is nominated to
do some work as a result of this regulation must know what it is they have to
do and be able to do it safely. They should be competent to do this work.
104 Safety representatives must be consulted about the arrangements toappoint a competent person or organisation.

Guidance

4

105 The dutyholder must satisfy themselves that any person or organisation
nominated to assist them in complying with the duty to manage:
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can demonstrate suitable competence and training;
can demonstrate independence, impartiality and integrity;
has an adequate management system in place;carries out any survey commissioned to locate ACMs, in accordance withrecommended guidance.

106 Where the dutyholder appoints a third party to carry out a survey, they canassess if the surveyor is likely to have adequate experience and training by
checking that they are accredited by a recognised accreditation body as complying
with BS EN ISO/IEC 170208 to undertake surveys for ACMs. UKAS is currently thesole recognised accreditation body in Great Britain.

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107 If the dutyholder selects a surveyor who is not accredited by UKAS, theyshould make reasonable enquiries to make sure that they are competent by
obtaining details of their qualifications, copies of their written procedures (including
quality control policies) and references to other evidence of recent similar work.
108 HSE strongly recommends using accredited surveyors.
109 In accordance with the Safety Representatives and Safety Committees
Regulations 1977, safety representatives should be consulted on matters affecting
the employees they represent. This means they should be consulted about thearrangements and, with reasonable notice being given, see any records made inconnection with the assessment.
110 Similarly, employees not represented by trade union representatives should be
consulted in accordance with The Health and Safety (Consultation with Employees)
Regulations 1996.

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111 Where the dutyholder has nominated a person or organisation to assist
in complying their responsibilities, they must make sure that those on thepremises are aware who has been nominated and the tasks they have been
given.

What the dutyholders must do to comply with the law
112 Dutyholders are required to ensure that:
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reasonable steps are taken to find materials in premises likely to containasbestos and to check their condition;materials are presumed to contain asbestos unless there is strong
evidence that they do not;a written record of the location and condition of asbestos and/or
presumed ACMs is made and that the record is kept up to date;
the risk of anyone being exposed to these materials is assessed;a written plan to manage that risk is prepared and that the plan is put
into effect to make sure that:–– any material known or presumed to contain asbestos is kept in agood state of repair;–– any material that contains or is presumed to contain asbestos is,because of the risks associated with its location or condition,
repaired and adequately protected or, if it is in a vulnerable positionand cannot be adequately repaired or protected, it is removed;–– information on the location and condition of the material is given toanyone who is liable to disturb it or is otherwise potentially at risk.

Find out if asbestos is present
113 Everything that can reasonably be done must be done to decide whether
there is (or may be) asbestos in the premises, and if there is asbestos (orcould be), to find out where it is likely to be. All documentary information thatcan be obtained about the premises must be systematically checked and as
thorough an inspection, as is reasonably accessible, of the premises both
inside and outside must be carried out.
114 The thorough inspection of the premises will usually take the form of asurvey. The survey should be comprehensive and systematic and the survey
type should ensure that the dutyholder meets their current occupational
requirements: a management survey should be carried out to identify the

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asbestos for normal day-to-day occupation and maintenance of the building,and a refurbishment and demolition survey should refurbishment or
demolition work be planned.
115 All parts of the premises should be checked, including warehouses,
yards, sheds, outbuildings, underfloor services, ducts, corridors, verticalrisers, ceiling voids, storerooms, external runs of pipes and bridges. Fixedplant and machinery, such as process plant, should be included, as well as
mobile units which are permanently on the premises. Mobile units, which are
only on the premises intermittently, should not be included.
116 The dutyholder should ensure that anyone who may be able to provide
more information (and in any case have a duty of co-operation) is consulted
and that this information is obtained. Such people may include:
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architects;
building surveyors;building contractors;
safety representatives;
employees who are familiar with the premises;
the previous dutyholder.

117 There may also be previous assessments and surveys or other existing
documents which can be consulted. Check any information obtained orprovided for accuracy.
118 Consider the age of the premises when assessing if asbestos is present.
Any premises whose construction was completed before 2000 should always
be presumed to contain asbestos, unless there is strong evidence to suggest
they do not. Any premises constructed after 2000 can be presumed to beasbestos free. However, exercise caution in circumstances where newpremises are built on existing basements or linked to adjoining structures.
119 If the building’s age or the information provides very strong evidence
that no ACMs are present, no further action is needed other than to record
why this evidence indicates there is no asbestos present.
Assessing the condition of ACMs
120 The condition of ACMs should be assessed. The assessment shouldtake account of the type of ACM, the amount and its condition. This will
determine its potential to release asbestos fibres into the air, if disturbed. The
assessment should consider the following:
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Guidance

4

Is the surface of the material damaged, frayed or scratched?
Are the surface sealants peeling or breaking off?
Is the material becoming detached from its base? (This is a particular
problem with pipe and boiler lagging and sprayed coatings.)
Are protective coverings, designed to protect the material, missing or
damaged?
Is there asbestos dust or debris from damage near the material?

Assessing the risk
121 The dutyholder should ensure that an assessment of the potential risk fromthe ACMs is made. The assessment should consider the following:
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■■
■■

The information gathered on the location, amount and condition of the ACM.
Is the ACM in a position where it is likely to be disturbed?
How much ACM is present?
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■■
■■
■■
■■
■■

Is there easy access to the ACM?
Do people work or move near the ACM in a way that is liable to disturb it, ie is
it vulnerable to damage?
If likely to be disturbed, is it close to areas where people normally work?
How many people use the area where the ACM is?
Is maintenance, repair or refurbishment work or other activity on the premises
likely to be carried out where the ACM is?

122 The assessment should identify how the ACMs are going to be managed andhow any work activity which may disturb asbestos will be managed. The
assessment should identify those ACMs:
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■■
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■■

which are in good condition and can be left in place and managed;
which are in vulnerable locations that need to be protected or removed;in poor condition and which need repair or removal;
which will need to be removed where maintenance, refurbishment work or
demolition is planned.

Recording the assessment information
123 Create a record of the locations where the assessment indicates ACMs arepresent or presumed to be present. The written record should include an accurate
drawing of the premises and the main features of each room and passageways
should be marked on it.
124 The record and drawing should contain details of the locations of the ACMs,
their extent and condition and their forms (eg the product type – tiles, boards,
cement sheets) and what the ACM looks like (eg if painted and what colour).
125 The record and drawings should record details of any area not accessed orinspected and the area must be assumed to contain asbestos unless there isstrong evidence that it does not.
126 This formal record is frequently referred to as an asbestos register. It can be in
written or electronic form.
127 The record should be dated to aid periodic reviews.
128 All the information gathered from the assessment should be used to form the
management plan.

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Making the management plan
129 A written (electronic or paper) management plan should be prepared.
The management plan should set out how the risks identified from asbestos
will be managed. Details should include:
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■■

identifying the person(s) responsible for managing the asbestos risk;
a copy of the asbestos record or register and how to access it if it is
kept electronically;
instructions that any work on the fabric of the building cannot start
without the relevant parts of the record/register being checked. The planshould include details for how this will be achieved. In particular, theplan should identify the procedures and arrangements to make sure:–– the record/register is checked in good time before the work starts;–– checks will be made that the information on the presence ofasbestos has been understood and will be taken into account;–– checks will be made that the correct controls will be used and thatcompetent asbestos-trained contractors will carry out the work;
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4plans for any necessary work identified from the risk assessment, eg
repair, protect or remove ACMs;■■
the schedule for monitoring the condition of any ACMs;■■
how to communicate the content of the management plan;■■
contingency arrangements if the main contact person for asbestos risk
management is not available.
Actioning the management plan
130 The dutyholder should ensure that the plan is implemented to manage
the risks. The action plan should:■■

prioritise the actions identified;give high priority to damaged material and materials likely to be
disturbed; these will need to be repaired, sealed, enclosed protectively
or removed using trained and competent personnel.
131 If unsure how to implement the management plan themselves, thedutyholder should seek competent specialist advice from an asbestos
surveyor, a laboratory or a licensed contractor, or other competent person as
appropriate.
■■■■

132 The plan should include procedures and responsibilities to ensure thatthe asbestos register is shared with any worker/contractor carrying out
maintenance or other work.
133 The asbestos register, including drawings, should be available on site forthe entire life of the premises and should be kept up to date.
134 Work should only start once the dutyholder is satisfied that the
information in the asbestos record/register is known and understood by theworkers who are doing the work on site and easily accessible for anyone who
needs to inspect it.

Guidance

4

Managing asbestos left in place
135 If the material is in good condition, well protected either by its position or
physical protection, reducing the likelihood of damage, and is unlikely to be worked on
regularly or otherwise disturbed, it is usually safer to leave it in place and manage it.
Leaving asbestos in place
136 If ACMs or presumed ACMs that are in good condition are left in place, thisinformation should be entered on the record/register of locations and theinformation kept up to date.
137 Everyone who needs to know about the asbestos should be told about its
presence in sufficient detail, eg maintenance workers, contractors and occupants.
People who simply occupy premises only need to be informed, where necessary, ofthe location of the ACMs, so that the ACM will not be disturbed during normal
occupational activities. Occupants should be instructed not to do anything which
could damage or disturb the ACMs and to report any accidental damage promptly.
138 ACMs can be labelled clearly with the asbestos warning sign (see Schedule 2)
or some other warning system (eg colour coding) can be used. If labelling is not
used, the dutyholder must make sure that those who might work on the material
know that it contains or may contain asbestos, before they start work.
139 It can save time and prevent confusion if the location of non-asbestos
material, which could be mistaken for asbestos, is noted in the asbestos registerand drawing.
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Repair and removal of asbestos
140 Some damaged ACM can be made safe by repairing it and either sealing or
enclosing it to prevent further damage. If this can be done safely, the dutyholder
should ensure the area is marked after it has been repaired and make sure it is on
the record of asbestos locations.
141 If ACM is likely to be disturbed during routine maintenance work or daily useof the building, it will release fibres. If it cannot be easily repaired and protected, thedutyholder should have it removed.
142 This work must be carried out by someone trained and competent to carryout licensable work, NNLW, or non-licensable work, as appropriate.

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Reviewing and updating the management plan
143 As a minimum, the management plan, including records and drawings,
should be reviewed every 12 months. It should also be reviewed if there isreason to believe that circumstances have changed (eg there is a change ofuse of building, work being undertaken, ACMs removed or repaired etc). The
plan, including records and drawings, should then be updated accordingly.
144 Any identified or suspected ACM must be inspected and its conditionassessed periodically, to check that it has not deteriorated or been damaged.
The frequency of inspection will depend on the location of the ACMs and otherfactors which could affect their condition, eg the activities in the building, nonoccupancy etc. There will also be events or changes, eg maintenance work,
new tenants or employees, that should also trigger a review of the plan.

Guidance

4

145 The effectiveness of the current management plan should be reviewed to:
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highlight the need for action to repair/remove ACMs;
raise awareness among all employees;
raise issues which may affect the management plan, including:–– changes to the organisational structure and/or staff;–– resourcing the management plan;–– changes to company procedures;–– changes in building use/occupancy/refurbishment plans;–– any instances of failure of the procedures, eg where procedures have notbeen followed and why not; where procedures have been inadequate andwhy; and where exposure to airborne asbestos fibres has occurred.

146 There should be periodic checks to make sure that the arrangements
and procedures for managing asbestos are working and that people are fully
aware of what they should be doing to comply with the duty to manage.

Communicating and sharing the management plan
147 Dutyholders should ensure that the management plan is made available
to all the individual premises, so if there are separate site managers/building
managers responsible for different premises on the same site, they must eachmake the information available to those in their respective premises.
Dutyholders should:
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■■

tell employees what the management plan arrangements are;provide the emergency services with information on the location andcondition of any known ACMs;
provide copies of the management plan for employee representatives
and trade union safety representatives.
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Regulation 5 Identification of the presence ofasbestos
SummaryThis regulation requires employers to identify the presence of asbestos and its
type and condition before any building, maintenance, demolition or other work,
liable to disturb asbestos, begins. It also sets out the requirement to arrange asurvey if existing information on the presence of asbestos in the premises isincomplete or appears unreliable.

Regulation

5(1) An employer must not undertake work in demolition, maintenance, or any
other work which exposes or is liable to expose employees of that employer toasbestos in respect of any premises unless either—
(a)

(b)

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that employer has carried out a suitable and sufficient assessment as towhether asbestos, what type of asbestos, contained in what material andin what condition is present or is liable to be present in those premises;or
if there is doubt as to whether asbestos is present in those premises that
employer—(i)assumes that asbestos is present, and that it is not chrysotile alone,and(ii) observes the applicable provisions of these Regulations.

148 Before carrying out any work involving the potential disturbance ofasbestos, employers should find out if the part of the building likely to be
disturbed contains asbestos and, if so, the type and condition. This should
include assessing relevant information, such as that contained in constructionplans or provided by dutyholders responsible for the maintenance and repairof premises under regulation 4 of the Regulations (eg asbestos surveys orregisters). If no records are available, or there are doubts about theiraccuracy/relevance, employers may need to arrange a survey and analysis ofrepresentative samples to determine the presence, type and condition ofasbestos.
149 Alternatively, employers should assume that the part of the building to
be disturbed contains the most hazardous types of asbestos, crocidolite(blue) or amosite (brown), and apply the appropriate control measuresrequired by the Regulations, using a licensed contractor if required.

Guidance

5

150 Information on the presence of asbestos can be found from a variety ofsources, including records of construction and building plans, and information
provided by dutyholders responsible for the maintenance and repair of premises.
Dutyholders responsible for the maintenance and repair of premises have an
obligation under regulation 4(9)(c) to inform anyone liable to disturb ACMs, including
maintenance workers, about the presence and condition of such materials.
151 Employers will need to assess the accuracy of information in surveys andplans provided to them and also their relevance to the location and type of work to
be done in the building. For example:
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■■
■■

has the survey been carried out by a person competent to do so?
does the the building layout match that in the survey/plan provided?
does information on the condition of the ACMs in the survey/plan match what
is seen on site?
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5■■is the information in the survey/plan relevant to the work to be done (eg ACMs
in voids behind walls, or similar hard to access positions, may not have been
included in the survey/plan)?

152 For construction projects within scope of the Construction (Design andManagement) Regulations, clients have to provide pre-construction information to
designers and contractors. This will include information held by the client (eg in anexisting health and safety file), or reasonably obtained, on the presence of asbestos
and its type and condition. It is important that employers coming onto site after
construction work has started co-operate with others engaged on that project overany existing construction phase plan.

Regulation 6 Assessment of work which exposes
employees to asbestos
SummaryThis regulation requires employers to carry out a risk assessment to identify therisks of exposure to asbestos. It sets out the requirement to record any
significant findings and put in place steps to prevent, or reduce, exposure to
employees.

Regulation

6(1) An employer must not carry out work which is liable to expose
employees of that employer to asbestos unless that employer has—
(a)
(b)
(c)

made a suitable and sufficient assessment of the risk created by that
exposure to the health of those employees and of the steps that need tobe taken to meet the requirements of these Regulations;recorded the significant findings of that risk assessment as soon as ispracticable after the risk assessment is made; andimplemented the steps referred to in sub-paragraph (a).

(2)
must—

Without prejudice to the generality of paragraph (1), the risk assessment(a)subject to regulation 5, identify the type of asbestos to which employees
are liable to be exposed;
determine the nature and degree of exposure which may occur in thecourse of the work;
consider the effects of control measures which have been or will betaken in accordance with regulation 11;
consider the results of monitoring of exposure in accordance withregulation 19;
set out the steps to be taken to prevent that exposure or reduce it to thelowest level reasonably practicable;consider the results of any medical surveillance that is relevant; andinclude such additional information as the employer may need in order tocomplete the risk assessment.

(b)
(c)
(d)
(e)
(f)
(g)
(3)

The risk assessment must be reviewed regularly, and immediately if—(a)there is reason to suspect that the existing risk assessment is no longer
valid;
there is a significant change in the work to which the risk assessment
relates; orthe results of any monitoring carried out pursuant to regulation 19 show
it to be necessary,

(b)
(c)

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and where, as a result of the review, changes to the risk assessment are required,those changes must be made and, where they relate to the significant findings ofthe risk assessment or are themselves significant, recorded.
(4) Where, in accordance with the requirement in paragraph (2)(b), the risk
assessment has determined that the exposure to asbestos of employees of that
employer may exceed the control limit, the employer must keep a copy of thesignificant findings of the risk assessment at those premises at which, and for suchtime as, the work to which that risk assessment relates is being carried out.

Guidance

6

General requirements for risk assessments
153 Regulation 6 should be read with regulation 11(1), which places a duty on
employers to entirely prevent the exposure of their employees to asbestos so far as
is reasonably practicable and this should be the first consideration. If this is notpossible, the exposure must be reduced to the lowest level reasonably practicable.
The risk assessment must identify how to achieve this and if there are any otherrisks in complying with this duty. For example if cables are rerouted to avoid
disturbing ACMs, the risk assessment should consider what other risks the workers
would face and what the overall risk would be. Consider general risks too, as
required by regulation 3 of the Management of Health and Safety at Work
Regulations 1999.

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154 If work liable to expose employees, and others affected by the work, toasbestos is unavoidable then, before starting work, employers must make asuitable and sufficient assessment of the risks created by the likely exposure.
Employers must then identify the steps required to comply with theRegulations. Whoever carries out the risk assessment must:
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6

carry it out in time to comply with the Regulations and enableappropriate precautions to be taken before work begins;
make sure the assessment is job specific and considers the full scope of
the work;
establish the extent of potential risks and who could be affected;
identify the steps taken to remove the risk or, if that is not possible, toreduce the risk;record significant findings in writing (electronic or paper);communicate significant findings to employees and anyone else who
could be affected in an understandable way, as appropriate, to minimiserisks to them or to take appropriate precautions to reduce/remove therisk before work begins;review the assessment regularly and update it as required.

Involving employees
155 Employers have duties under the Safety Representatives and Safety
Committees Regulations 1977 and the Health and Safety (Consultation with
Employees) Regulations 1996 (as amended) to consult their employees. It can be
helpful for employers to involve employees during the risk assessment, to help
determine the real nature and degree of their exposure. Appropriate consultation
can also make a significant contribution to creating and maintaining a safe andhealthy working environment and an effective health and safety culture.

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6Competency to carry out a risk assessment
156 Employers must make sure that whoever carries out the risk assessment
and provides advice on the prevention and control of exposure is competentto do this. Whoever carries out the risk assessment should:
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have adequate knowledge, training and expertise in understanding therisks from asbestos and be able to make informed and appropriate
decisions about the risks and precautions needed;know how the work activity may disturb asbestos;be familiar with and understand the requirements of the Regulations;have the ability and authority to collate all the necessary and relevant
information;
be able to assess other non-asbestos risks on site;
be able to estimate the expected level of exposure to decide whether or
not the control limit is likely to be exceeded.

Suitable and sufficient risk assessment
157 To be suitable and sufficient, the risk assessment should include:
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■■

for non-licensable work, a statement of why the work meets the criteria
for non-licensable rather than licensable work, and whether it is NNLW;a description of the work being carried out and the expected scale andduration;a description of the type(s) of asbestos and results of any survey oranalysis or a statement that the assumption is that the asbestos is notchrysotile alone;a description of the quantity, form, size, means of attachment, extent
and condition of the ACMs present.

158 Details of expected exposures should be recorded and include:
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data on the concentration of asbestos fibres likely to be present,
including the source for this information;
whether they are liable to exceed the control limit and the number ofpeople likely to be affected;
the level of expected exposure, so that suitable personal protective
equipment (PPE) and respiratory protective equipment (RPE) can beselected;whether anyone other than employees may be exposed, and their
expected exposures;
whether intermittent higher exposures may arise and their expected
frequency and duration;
any results already available from air monitoring in similar circumstances.

159 The steps to take to control exposure to the lowest level reasonably
practicable should also be recorded, eg:
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the type of controlled wetting and method of application;using local exhaust ventilation (LEV);
using a glovebag;
wrap and cut;the use of low dust methods;
shadow vacuuming.

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160 The risk assessment should also include:
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the steps taken to control the release of asbestos into the environment,eg enclosures with negative pressure and entry and exit procedures.
Where it is not considered practicable to use an enclosure, a fulljustification is required, and clear advice on what action to take if there
is an accidental release;details of the decontamination procedures, including using hygiene units
where appropriate, and for transferring and removing waste, including
contaminated tools and equipment;
procedures for the selection, provision, use and decontamination or
disposal of PPE/RPE;
procedures for dealing with emergencies;
any other information relevant to safe working practices, such as othersignificant non-asbestos hazards like working at height or in confined
spaces;management arrangements for ensuring that risks are adequately
controlled during the work.

161 The findings of the risk assessment as detailed above are all deemed tobe significant and must be recorded, as required by regulation 6(1)(b), andavailable on site at all times.

Guidance

6

Identifying the type of ACM
162 Knowing the type of ACM (eg AIB, asbestos insulation, asbestos coating,asbestos cement, asbestos-containing textured decorative coatings) and the work
method proposed is necessary to:
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estimate the potential fibre release for assessment purposes;
select the most appropriate handling and removal techniques, or combinationsof techniques;
determine whether the work is licensable (or NNLW).

163 It is essential to be able to distinguish between asbestos cement and AIB. If in
doubt, employers should assume the material is AIB and take precautions
accordingly.
164 For ancillary work involving the testing and maintenance of plant andequipment, the asbestos is most likely to be in the form of dust and the type of
ACM may not be relevant. The condition of the material can have a significant effecton the assessment. Knowing the extent of the material (eg its length and span,
whether it extends into other rooms and work areas) is also important so that the
number of enclosures required, and arrangements for the transfer/removal ofwaste, can be properly assessed. This will identify what work is being done andwhich ACMs will remain in place, and clarify the areas where there may need to bea certificate for reoccupation. See paragraphs 430–467 for information aboutclearance procedures and certificates for reoccupation.

ACOP

6

Additional risk assessment requirements for licensable work
165 For the risk assessment for licensable work to be suitable and sufficient
it should, in addition to those elements outlined in paragraphs 157–160,
record the reasons for the chosen work method and arrangements required
to ensure that the premises or parts of the premises where work has takenplace are left clean for reoccupation and include:

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detail of the areas which need a certificate for reoccupation;
consideration of potential problems for issuing the certificate forreoccupation and how they can be avoided or dealt with before work
starts, eg earth floors, limpet spray ingrained in concrete or tar-likelayers, wet areas which cannot be dried out and the presence of ACMs
which will remain in the areas after the work is complete;consideration of the need for pre-cleaning to remove ACMs or suspected
ACMs. The pre-cleaning assessment should include identifying thecontrol measures to prevent release of asbestos fibres.

All these points are significant and must be recorded as required byregulation 6(1)(b) and available on site at all times.

Work in elevated temperatures and hot conditions
166 Work with asbestos in hot and humid conditions should be avoided as
far as possible, as it creates significant additional risks for asbestos workers.
Such work will only be permitted in rare and exceptional circumstances andonly when all possible alternatives and control options have been considered.
If the work can be justified, additional precautions, as identified in the risk
assessment, must be taken to prevent heat stress and other risks. The
precautions will include:
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Guidance

6

restricting when the work is to be carried out to times with cooler
ambient temperatures;
reducing work periods;
introducing cool air to the work area (eg air conditioning);
having measures in place to prevent dehydration when operators haveleft the work area, eg providing cool drinks free of charge in the rest
facility;
using enclosures with increased sizes and ventilation rates;
where possible, shutting down or shielding/insulating any hot plant andequipment to be worked on or in the vicinity;
monitoring the temperature/humidity to ensure that precautions are
effective.

167 Asbestos removal and work in elevated temperatures are a difficult
combination to manage and control effectively. Working in high temperatures canalso lead to rapid deterioration in asbestos controls. All avenues should be explored
to remove the heat source, including providing alternative plant. In particular, thevarious precautions needed to protect workers from exposure to asbestos dust andprevent its spread can cause a greatly increased temperature/thermal health risk.
168 Where elevated temperatures are caused by environmental conditions only (egradiant heat or direct sunlight), the risk assessment should identify the measuresthat can be taken to reduce or eliminate the thermal risk. For example, schedulingthe work to take place at other, cooler times, putting in place arrangements toshade the work area from sunlight; and/or additional air-cooling provisions.
169 The conditions must be monitored and where elevated temperatures occur
while work is being done because of sudden changes in the weather (eg hot/sunnyperiods), or planned precautions are not effective, then the risk assessment should
be reviewed and appropriate actions taken to control the risk.
170 Further information is available in Asbestos: The licensed contractors’ guide.9

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ACOP

6

Hot work
171 Hot work (ie work on hot plant and equipment) will only be permitted in
exceptional and fully justifiable circumstances.

Guidance

6

172 Wherever possible, hot plant should be shut down or turned off and allowed
to cool before asbestos removal work begins. Hot work is notifiable to HSE and islikely to be challenged during notification.
173 Work on hot plant (including pipework) can often be avoided by effectiveplanning and organising, such as doing the work during scheduled maintenanceshutdowns or holiday periods. Where work is required at short notice because ofincidents or emergencies, take short-term remedial action as far as possible (eg bymaking temporary repairs or encapsulation) until further work can be incorporated
into a programmed plant shut-down and carried out with the plant cold.
174 There may be some rare and exceptional circumstances where work on hot
plant cannot be avoided (eg sudden or acute emergencies in health care premises).
Where this is the case, a thorough and comprehensive risk assessment is needed
and a well planned and designed control regime implemented.
175 Further information is available in The licensed contractors’ guide.

ACOP

6

Reviewing assessments
176 Employers should review risk assessments as part of the ongoing
management of their health and safety systems to make sure they are still
relevant and reflect any lessons learned from what has gone well and what
has not. A competent person should conduct the review. A specific review
should take place if:
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methods used to control fibre release change;
there is doubt about the efficiency of control measures;
there is a significant change in the type of work, amount of asbestos
found or method of work;
the results of air monitoring indicate the exposure levels to be higher
than previously assessed.

177 Where monitoring of exposure levels, or other information gathered
during the course of work indicates that the initial assessment was wrong
about either the duration of the task or nature of the materials:
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immediately review the assessment and control measures and whether
the nature and extent of the exposure means that the work should bedone using different methods and equipment;
review whether the work needs to be done by a licensed contractor;
record any changes made to the risk assessment (the revised
assessment must be available on site at all times).

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Regulation 7 Plans of work
SummaryThis regulation requires employers to prepare a written plan before work on
asbestos is carried out, including details of the work, and the appropriate actions
to control risk and prevent harm.

Regulation

7(1) An employer must not undertake any work with asbestos without having
prepared a suitable written plan of work detailing how that work is to be carried out.
(2) The employer shall keep a copy of the plan of work at those premises atwhich the work to which the plan relates is being carried out for such time as thatwork continues.
(3) In cases of final demolition or major refurbishment of premises, the planof work must, so far as is reasonably practicable, specify that asbestos must be
removed before any other major works begin, unless removal would cause agreater risk to employees than if the asbestos had been left in place.
(4)

The plan of work must include in particular details of—

(a)
(b)
(c)

the nature and probable duration of the work;
the location of the place where the work is to be carried out;
the methods to be applied where the work involves the handling ofasbestos or materials containing asbestos;the characteristics of the equipment to be used for—(i)
protection and decontamination of those carrying out the work, and(ii) protection of other persons on or near the worksite;the measures which the employer intends to take in order to comply withthe requirements of regulation 11; andthe measures which the employer intends to take in order to comply withthe requirements of regulation 17.

(d)
(e)
(f)

(5) The employer must ensure, so far as is reasonably practicable, that thework to which the plan of work relates is carried out in accordance with that plan
and any subsequent written changes to it.

ACOP

7

178 For any work involving asbestos, including maintenance and survey workthat may disturb it, the employer must draw up a written plan of how the work
is to be carried out before it starts. Employers must make sure theiremployees follow the plan of work (sometimes called a method statement,
plan, or POW) so far as reasonably practicable.
179 Where unacceptable risks to health and/or safety are discovered while
work is in progress, eg disturbing hidden, missed or incorrectly identified
ACMs, stop any work affecting the asbestos, except to put suitable controls
in place and prevent further spread.
180 Where there is extensive damage to ACMs which causes contaminationof the premises, or part of the premises, the area should be immediately
evacuated. Work should not restart until a new plan of work is drawn up or
until the existing plan is amended. Some measures may need to be carriedout by licensed contractors.

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Contents
181 The plan of work must include the following information:
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the nature and probable duration of the work;
the number of people involved in the work;
the address and location where the work is to be carried out;
the methods to be used to prevent or reduce exposure to asbestos, eg
prevention and control measures, arrangements for keeping premises
and plant clean and arrangements for the handling and disposal ofasbestos waste;
the type of equipment, including PPE and RPE, used for:–– protecting and decontaminating those carrying out the work;–– protecting other people present at or near the worksite.

182 Where necessary, the plan should include the site layout, a descriptionof the location and nature of the asbestos present and which ACMs will be
disturbed by the work.
183 Arrangements should be made to ensure that work is carried out inaccordance with the plan of work, and any subsequent changes made to it.
184 Planning is a key requirement for all work with asbestos. The plan ofwork should be a practical and useful document, describing a safe working
method for site staff to follow.
185 Plans of work should be drawn up by a suitably competent person.

Guidance

7

186 The plan must clearly describe how disturbance and spread of asbestos will
be minimised or prevented.
187 A suitable and sufficient plan must be in a style and format that is easy for
employees to use. Diagrams, flow charts, photographs and similar are very useful.
The information about removal methods, controls and containment needs to be
specified, so that it can act as a quick reference guide for those on site.
188 Generic information about frequently used company procedures will not need
to be in the site-specific plan. Such information may form part of generalprocedures or health and safety policy documents and should be available on site
for reference.
189 The plan of work should be suitable for the scale and type of work to be
carried out.

ACOP

7

Demolition work
190 In the case of demolition or major refurbishment, the plan of work mustspecify that all asbestos is removed before any other major work begins,
where this is reasonably practicable and does not cause a greater risk toemployees than if the asbestos had been left in place.

Guidance

7

191 Where removal of ACMs is time-consuming and resource-intensive and only
involves lower-risk material such as textured decorative coatings containing
asbestos, then removal before demolition or major refurbishment may not bereasonably practicable.

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Licensable work
192 Suitable and sufficient plans of work are a licence condition for any
licensable work with asbestos and a legal requirement. The plan of work is a
critical element of management control.
193 It is a condition of the licence for licensed contractors to notify theappropriate enforcing authority at least 14 days before each job. A suitable
and sufficient plan of work must have been prepared by the time ofnotification. If a suitable and sufficient plan is not available at the time ofnotification, the notification will be considered invalid and rejected by theenforcing authority.

Guidance

7

Purpose of the plan of work
194 The suitable and sufficient plan of work will be a practical and useful
document, describing a safe working method for employees to follow.
195 It is an essential tool for senior managers/directors. It shows that they haveconsidered significant site risks (asbestos and otherwise) and produced a specificjob plan to address them.

Who creates the plan
196 The plan should be drawn up by a suitably competent person, following a visit
and full appraisal of the site. Thorough discussions with others, such as the building
owner, or dutyholder under regulation 4 of the Regulations, are an important part ofthe planning process. The most effective planning will involve input from employees,
ie the operational staff who carry out/directly supervise the asbestos work.

How the plan of work is used
197 The plan is the record of how senior managers/directors want the job to be
done. Its main purpose is to guide site work and an up-to-date copy must always
be on site. A copy should also be kept at the head office, so management caneffectively monitor performance. Access to general procedures should also be
available at site level, either as paper copies or electronically. The plan should be
kept updated to reflect any subsequent changes to the work.
198 Unnecessarily lengthy and complicated documents are not required. The planneeds to guide employees in a practical way on the work in hand.

Format and content
199 Plans should include the following:
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details of the scope of the work;
relevant details from the contract for the work;
equipment, materials and controls;
other relevant site-specific information;
method of work;
management arrangements.

200 Further information on the detailed requirements for the plans of work forlicensable work with asbestos can be found on the Asbestos Licensing Grouppages on the HSE website at www.hse.gov.uk/aboutus/meetings/committees/alg.

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Communicating the plan of work
201 Work must not take place unless a copy of the plan of work is readily
available on site. Employees must be informed of the contents of the planand be instructed on the work methods and controls to use.
202 The plan of work must also be shown to anyone who needs to see it,
including those carrying out the visual inspection and/or air clearance
monitoring, once the work or section of work has ended.
203 Employers must make a copy of the plan of work available on request to
employees, safety representatives and other elected representatives of
employee health and safety, as well as others who may be affected by thework.

Regulation 8 Licensing of work with asbestos
SummaryThis regulation requires employers to obtain a licence from HSE before they can
carry out any licensable work with asbestos.

Regulation

8(1) An employer must hold a licence granted under paragraph (2) before
undertaking any licensable work with asbestos.
(2) The Executive may grant a licence for licensable work with asbestos if itconsiders it appropriate to do so and:(a)(b)

the person who wishes to be granted the licence has made anapplication for it on a form approved for the purposes of this regulationby the Executive; andthe application was made at least 28 days before the date from which
the licence is to run, or such shorter period as the Executive may allow.

(3)

A licence under this regulation—(a)comes into operation on the date specified in the licence, and is valid forany period up to a maximum of three years that the Executive may
specify in it; andmay be granted subject to such conditions as the Executive may
consider appropriate.

(b)(4) The Executive may vary the terms of a licence under this regulation if itconsiders it appropriate to do so and in particular may—(a)(b)

add further conditions and vary or omit existing ones; andreduce the period for which the licence is valid or extend that period up
to a maximum of three years from the date on which the licence firstcame into operation.

(5)

The Executive may revoke a licence if it considers it appropriate to do so.

(6) The holder of a licence under this regulation must return the licence tothe Executive(a)(b)

when required by the Executive for any amendment; orfollowing its revocation.
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204 Licensing allows HSE to make sure that those employers carrying out higher
risk work on asbestos are able to demonstrate that they have the necessary
knowledge, experience and expertise to adequately protect the health and safety of
their employees and themselves and that they are competent to carry out the work.
205 Licensable work is work that meets the definition of ‘licensable work withasbestos’ set out in regulation 2 of the Regulations.

Applying for a licence
206 Licences are issued by HSE. HSE can set and amend terms and conditions oflicences or revoke a licence. All licences are issued for a limited period (but are
renewable) so that HSE can regularly review performance. Information on how toapply for a licence and the licensing procedure itself is provided in the Asbestos
licence assessment, amendment and revocation guide (ALAARG).10

Appeals
207 Informal representations, in writing, against a decision to refuse to grant or toeither revoke or not to renew a licence can be made to the senior HSE manager
directly responsible for the Asbestos Licensing Unit at:
Health and Safety Executive
59 Belford Road
Edinburgh
EH4 3UE
208 If the matter is still not resolved, an appeal can be made to the Secretary ofState for Work and Pensions under section 44 of the HSW Act (note that a section
44 appeal can be made at any stage with or without an internal HSE review of thedecision). Normally the Secretary of State will appoint a person with relevant legal
and/or practical experience to hear the appeal. The appeal may be decided on thebasis of written submissions, but if either the person making the appeal or HSE
want to be heard, the person hearing the appeal will give them that opportunity.
209 Appeals against a decision should include:
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the name and address of the person making the appeal;a photocopy of the current licence;
the grounds for the appeal.

210 The appeal should be sent to:
The Secretary of State for Work and Pensions
Department for Work and Pensions (DWP)
Caxton House
Tothill Street
London SW1H 9NA
211 Further information on the appeals procedure is provided in Asbestos licenceassessment and revocation guide (ALAARG).

Penalties
212 A conviction in the Crown Court/High Court or Sheriff Court on indictment forcarrying out work without a licence or for breaching a term or condition attached toa licence, can result in an unlimited fine, imprisonment for a term of up to two
years, or both.
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Regulation 9 Notification of work with asbestos
SummaryThis regulation requires employers to notify the appropriate enforcing authority of
proposed work which is either licensable (always notifiable) or NNLW (applies tosome non-licensable work). It also outlines the requirements to notify any materialchange which might affect the particulars of the original notification, this isparticularly important for licensable work.

Regulation

9(1) For licensable work with asbestos, an employer must notify theappropriate enforcing authority of—(a)(b)

the particulars specified in Schedule 1 in writing at least 14 days (or such
shorter time before as the appropriate enforcing authority may agree)
before undertaking any licensable work with asbestos; andany material change, which might affect the particulars notified inaccordance with (1)(a) (including the cessation of the work), in writing
and without delay.

(2) For work with asbestos which is not licensable work with asbestos and is
not exempted by regulation 3(2), an employer must notify the appropriate enforcing
authority of(a)(b)

the particulars specified in Schedule 1, before work is commenced; andany material change, which might affect the particulars notified inaccordance with (2)(a), without delay.

Guidance

9

213 The way work is notified differs depending if it is licensable or NNLW. For
NNLW the process is simpler.

ACOP

9

Notification of licensable work
214 When undertaking licensable work, the appropriate enforcing authority
must be notified with details of the proposed work at least 14 days before
work starts. This enables the authority to assess the proposals for carrying
out work with asbestos and if appropriate, to inspect the site either before or
during the work.

Guidance

9215 Although the requirement is to notify the relevant enforcing authority office inwriting at least 14 days before any licensable work begins, the enforcing authority
may allow a shorter period, eg in an emergency where there is a serious risk to thehealth and safety of any person. This shorter period is known as a ‘waiver’ or‘dispensation’.
216 Normally each individual licensable job should be notified to the enforcing
authority. Table 7 provides information about which enforcing authority to send thenotification to. However, a single notification of licensable asbestos work may besubmitted to the enforcing authority for work likely to be regularly repeated on thesame premises. If there are several premises, a separate notification is required foreach of them. Any other subsequent work not covered in the original notification willneed to be separately notified.

ACOP

9

217 The enforcing authority should be informed in writing if there arechanges to the work that might affect the particulars of the notification.

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218 The notification form FOD ASB511 is available from the HSE website, local
HSE offices or from the Asbestos Licensing Unit.
219 Licensable work can be notified by telephone to the enforcing authority,especially if there is uncertainty about which authority to notify. However, this mustbe followed up by confirmation in writing or on form FOD ASB5 to the relevant
enforcing authority at least 14 days before the work starts.
Table 7 How to identify the appropriate enforcing authority
Type of premises/activity

Enforcing Authority

Shops, offices, separate catering
LA (local authority)
services, launderettes, sport,
entertainment and recreational
activities, exhibitions, church or
religious meetings, hotels, camping andcaravan sites, wholesale and retailstorage

ACOP

9Factories and factory offices, civilengineering, construction anddemolition sites, hospitals, researchand development establishments, local
government services and educational
establishments, fairgrounds, radio,
television and film broadcasting,seagoing ships, docks, transport
undertakings, domestic premises,
quarries, farms (and associatedactivities), horticultural premises andforestries, mines/quarries and offshore
installations, licensed nuclear sites

HSE (Health and Safety Executive)

Railways, railway lines, signal boxes

ORR (Office of Rail Regulation)

Notification of NNLW
220 Employers who plan to carry out NNLW should notify the work using theonline notification form for notifying all the relevant authorities. Notificationmust be made before the work begins.
221 Notifications can only be made using the online notification form ASB
NNLW1.12

Guidance

9

222 All three enforcing authorities (HSE, local authorities and ORR) can be notified
using the online notification form. Dutyholders should be aware that:
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notification should take place before work starts, but there is no stipulated
minimum prior notice period;
work may proceed once notification has been submitted, no permission forwork to proceed is required;an acknowledgment PDF copy of your notification will be provided
electronically and should be kept with other documentation (such as the planof work) relating to the activity;
for a long-term project of work involving multiple jobs in one localised area (ega housing estate or large commercial premises) the whole project should be
notified once;
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licensed asbestos contractors are required to notify both licensable and
NNLW work.

223 There is further guidance on the online notification form itself.
224 The decision as to whether it is NNLW or not may in certain cases depend
entirely on the condition of the ACM on site and will be a matter of judgement andopinion. A person with sufficient experience and knowledge, who has been trained
according to regulation 10, and who will be able to show their decision was
reasonable, should make the decision.

Regulation 10 Information, instruction and training
SummaryThis regulation requires employers to make sure that anyone liable to disturb
asbestos during their work, or who supervises such employees, receives thecorrect level of information, instruction and training to enable them to carry out
their work safely and competently and without risk to themselves or others.

Regulation

10(1) Every employer must ensure that any employee employed by that
employer is given adequate information, instruction and training where that
employee—
(a)

		

be—

is or is liable to be exposed to asbestos, or if that employee supervises
such employees, so that those employees are aware of—(i)the properties of asbestos and its effects on health, including its
interaction with smoking,(ii) the types of products or materials likely to contain asbestos,(iii) the operations which could result in asbestos exposure and theimportance of preventive controls to minimise exposure,(iv) safe work practices, control measures, and protective equipment,(v) the purpose, choice, limitations, proper use and maintenance of
respiratory protective equipment,(vi) emergency procedures,(vii) hygiene requirements,(viii) decontamination procedures,(ix) waste handling procedures,(x) medical examination requirements, and(xi) the control limit and the need for air monitoring,in order to safeguard themselves and other employees; and(b)carries out work in connection with the employer’s duties under theseRegulations, so that the employee can carry out that work effectively.

(2)

The information, instruction and training required by paragraph (1) must

(a)
(b)

given at regular intervals;
adapted to take account of significant changes in the type of work
carried out or methods of work used by the employer; andprovided in a manner appropriate to the nature and degree of exposure
identified by the risk assessment, and so that the employees are awareof—(i)the significant findings of the risk assessment, and(ii) the results of any air monitoring carried out with an explanation of
the findings.

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Information, instruction and training for all work with asbestos
225 Employers have a duty to ensure that the information, instruction andtraining given to their employees is adequate to allow them to safeguard
themselves and other employees and to carry out their work with asbestos
effectively.

Competence
226 Any reference to competence, competent persons or competentemployees in relation to working with asbestos is a reference to a person or
employee who has received adequate information, instruction and training forthe task being done and can demonstrate an adequate and up-to-dateunderstanding of the work, required control measures and appropriate law.
They must also have enough experience to apply this knowledge effectively.

Guidance

10

227 A training course on its own will not make an employee competent.
Competence is developed over time by implementing and consolidating skills learnt
during training, on-the-job learning, instruction and assessment.
228 It is essential for recently trained employees, particularly those new toasbestos-related work, to consolidate their newly acquired skills and knowledge by
putting them to use on the job as soon as possible. Employers, supervisors andmanagers will play an important role in coaching new employees by reinforcing
good work practices and correcting bad ones. Where persistent problems occur,
retraining may be required. Further training can then be tailored to deal withperformance weakness and gaps in relevant skills.
229 Similarly, longstanding employees may benefit from reassessment and a skills
update.

ACOP

10

230 There are three main types of information, instruction and training. These
relate to:
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asbestos awareness;
non-licensable work with asbestos including NNLW;
licensable work with asbestos.

Guidance

10

231 All information, instruction and training given should include an appropriate
level of detail, be suitable to the work being done, and use written materials, oralpresentation and practical demonstration as necessary.

ACOP

10

Asbestos awareness232 Asbestos awareness training should be given to employees whose work
could foreseeably disturb the fabric of a building and expose them toasbestos or who supervise or influence the work.
233 In particular, it should be given to those workers in the refurbishment,
maintenance and allied trades where it is foreseeable that ACMs may become
exposed during their work. This includes, but is not limited to:
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demolition workers;
construction workers;
general maintenance staff;
electricians;
plumbers;
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gas fitters;
painters and decorators;
joiners;
shop fitters;
plasterers;
roofers;
heating and ventilation engineers;
telecommunication engineers;
computer and data installers;fire and burglar alarm installers;architects, building surveyors and other such professionals.

234 This requirement does not apply where the employer can demonstratethat work will only be carried out in or on premises free of ACMs. This
information should be available as a result of the assessment made by the
dutyholder under the duty to manage in regulation 4 and the duty on theemployer to identify the presence of asbestos in regulation 5.
235 Asbestos awareness training should cover the following topics:
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the properties of asbestos and its effects on health, including theincreased risk of lung cancer for asbestos workers who smoke;
the types, uses and likely occurrence of asbestos and ACMs in buildings
and plant;
the general procedures to be followed to deal with an emergency, eg an
uncontrolled release of asbestos dust into the workplace;
how to avoid the risks from asbestos, eg for building work, no employee
should carry out work which disturbs the fabric of a building unless theemployer has confirmed that ACMs are not present.

Guidance

10

236 Asbestos awareness will not prepare employees or self-employed contractors
to carry out work with ACMs. Awareness training is only intended to help
employees avoid carrying out work that will disturb asbestos or ACMs.

ACOP

10

237 If work is planned that will disturb ACMs, further information, instruction
and training appropriate to the work being done will be needed.

Non-licensable work including NNLW
238 In addition to the ‘asbestos awareness’ in paragraph 235, those
employees whose work will knowingly disturb ACMs, and which is defined as
non-licensable work or NNLW, should receive additional task-specificinformation, instruction and training.

Guidance

10

239 The procedures for providing information, instruction and training for nonlicensable work with asbestos should be clearly defined and referred to in a written
health and safety policy document. This should be reviewed regularly, particularly
when work methods change. Records should be kept of each individual’s training.

ACOP

10

Provision of information
240 For those employees doing non-licensable work with asbestos,
employers should make the following information available for the current
work being done:
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a copy of the risk assessment for that work;a copy of the plan of work;where applicable, details of any air monitoring and results.
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241 In addition, the following information should be made available toworkers, on request:
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maintenance records for control measures;personal information from health records (ie relating to NNLW and only
to the individual employee concerned);
the results of any face-fit test (FFT) for RPE provided for work withasbestos;a copy of the individual’s training record.

Guidance

10

242 Training needs analysis (TNA) will help identify which of the topics listed below
should be covered to ensure the level of competency needed to avoid workers
putting themselves or others at risk in the course of their duties.

ACOP

10

Training for non-licensable work
243 Training for non-licensable work should include information on:
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the operations which could result in asbestos exposure and theimportance of preventive controls to minimise exposure;
how to make suitable and sufficient assessments of the risk of exposure
to asbestos;the control limit, and the purpose of air monitoring;safe work practices, control measures, and protective equipment. Thisshould include an explanation of how the correct use and maintenanceof control measures, protective equipment and work methods can
reduce the risks from asbestos, limit exposure to workers and limit the
spread of asbestos fibres outside the work area including, where
relevant, the maintenance of enclosures;procedures for recording, reporting and correcting defects;
the purpose, appropriate choice and correct selection from a range ofsuitable RPE, including any limitations;the correct use, and where relevant, cleaning, maintenance and safe
storage of RPE and PPE, in accordance with the manufacturer’s
instructions and information;
the importance of achieving and maintaining a good seal between face
and RPE, the relevance of pre-use tests and FFTs, and the importance ofbeing clean-shaven;hygiene requirements;
requirements and procedures for medical examination, for NNLW;
decontamination procedures;
waste handling procedures;
emergency procedures, including how to deal with an emergency
release;which work requires notification as NNLW and which work requires an
HSE licence;an introduction to the relevant regulations, ACOPs and guidance that
apply to asbestos work and other regulations that deal with the carriage
and disposal of asbestos;
personal sampling and leak and clearance sampling techniques, foranalysts;other work hazards, including working at height, electrical, slips, trips
and falls, where this is applicable to the work being done.

Practical training for non-licensable work
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opportunity to try and practice for themselves, in addition to having it
explained or demonstrated to them):
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use of decontamination facilities;
use of PPE, particularly RPE;
construction of mini-enclosures where necessary;use of control techniques, such as class H vacuum cleaners(BS 8520-3:2009).

Record keeping for employees carrying out non-licensable
work, including NNLW
245 A record of the information, instruction and training received by eachindividual for non-licensable work should be kept to:■■■■

help employers carry out ongoing TNA;
support individual workers in demonstrating their knowledge, skills andexperience when they move from one employer to another.

Licensable work
246 In addition to the ‘asbestos awareness’ in paragraph 235 those
employees carrying out work defined as ‘licensable work’ should receive
additional task-specific information, instruction and training.

Guidance

10

247 The licensed contractors’ guide sets out the detailed content of the asbestos
training modules for operatives, supervisors, managers and directors involved inlicensable work.

ACOP

10

Providing information
248 Employers should make the information in paragraphs 249–250 available
to employees doing licensable work with asbestos.
249 For the specific work being done:
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a copy of the risk assessment for that work;a copy of the plan of work;
details of any air monitoring and results;
details of notification under regulation 9 made to the enforcing authority.

250 More general information:
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maintenance records for control measures;personal information from health records (only relating to the individual
employee concerned);
the results of any FFT for RPE provided for work with asbestos;a copy of the licence;
any anonymised collective information from the health records.

Training for licensable work
251 Training given to employees (including operatives, supervisors,
managers, directors) doing licensable work with asbestos should include:■■■■

the health risks to employees’ families and others from taking home
contaminated equipment and clothing and the increased risk of lungcancer for asbestos workers who smoke;
the risk assessment and the purpose of the plan of work;
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the operations which could result in asbestos exposure and theimportance of preventive controls to minimise exposure;the control limit, assessment of exposure and the purpose andimportance of air monitoring to check compliance with the limit,
including the purpose of personal sampling;safe work practices, control measures, and protective equipment,
including an explanation of how the correct use of control measures,protective equipment and work methods can reduce the risks fromasbestos, limit exposure to workers and limit the spread of asbestos
fibres outside the work area;
the importance of following the procedures, controls and preventative
measures set out in the plan of work and risk assessment;
the maintenance of control measures including, where relevant,enclosures and negative pressure equipment;
procedures for recording, reporting and correcting defects in control
measures, protective equipment and work methods;
the purpose, appropriate choice and correct selection from a range ofsuitable RPE, including any limitations;the correct use, cleaning, maintenance and safe storage of RPE, withspecific attention to make sure RPE is working correctly, in accordancewith the manufacturer’s instructions and information;
the importance of achieving and maintaining a good seal between face
and RPE, the relevance of fit tests, and the importance of being clean
shaven;the suitability, correct use, storage and maintenance of protective
clothing, including clothing used for transit;
hygiene requirements;
decontamination procedures, particularly within enclosures, airlocks(including bag locks) and hygiene units;site set-up: marking out the work area, setting up barriers, transit routes
and waste storage area, pre-cleaning, sealing sources of potential leaks,
construction and layout of the enclosure, including negative pressure
units, viewing panels and airlocks, positioning of decontamination units,
air management and leak testing;controlled removal techniques and how they work, including types of wet
surfactant, injection of sprayed asbestos and lagging, spray wetting of
AIB and asbestos cement, the wrap-and-cut technique, and (if relevant)the use of glove bags;
waste handling procedures including bagging, storage and disposal;
site clean-up and clearance procedures, including the certificate ofreoccupation arrangements;
emergency procedures, including general procedures, such as theuncontrolled release of asbestos fibres into the workplace or outbreak offire;
requirements and procedures for medical examination;
the results of any air monitoring, carried out with an explanation of thefindings;
other work hazards, including working at height, electrical, slips, trips
and falls;
an introduction to the relevant regulations, ACOPs and guidance that
apply to asbestos work and other regulations that deal with the carriage
and disposal of asbestos.

Supervisors, managers and directors
252 To help employers comply with their legal duties under the Regulations,additional training, at an appropriate level, should be given to supervisors,

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managers and directors, so that they can effectively carry out their role onsite. This should include:
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their responsibilities for directing, supervising and monitoring all aspectsof work on site, including health and safety, particularly the importanceof making sure employees and others follow the procedures, controls
and preventative measures set out in the plan of work and risk
assessment;
the importance of the supervisor being on site at all key stages of thework (witnessing the smoke test, ensuring that the hygiene facilities are
fully operational before work starts, ensuring signs and barriers arecorrectly erected, carrying out daily checks) to ensure that it is donesafely;how to produce and implement plans of work that set out theappropriate procedures, controls and preventative measures based on
the assessment, including how and when to update plans of work;
how and when to notify the appropriate enforcing authorities that work is
taking place and about situations where re-notification is necessary;
how to deal with situations where the methods set out in the plan ofwork cannot be followed, due to a change in circumstances and arevision to the plan is needed;
the application of suitable emergency procedures if controls fail;the importance of monitoring and auditing the work activities;
the importance of having effective arrangements in place tocommunicate with and monitor workers inside the enclosure and hygiene
unit;
the need to provide additional training, information and instruction toworkers as necessary, such as in the use of a particular piece ofequipment or work method, which they have not previously trained in;
how to assess the competence of employees and identify their training
needs;
when and how to do air monitoring, how the results are interpreted andwho needs to see them;
how the results and records of personal air sampling, fit tests andmedicals should be kept and maintained and who needs to see them;
how to apply the procedures for dealing with accidents, incidents andemergencies;
the importance of keeping the work area clean and free of asbestos;the importance of making sure the correct procedures are followed at
the end of the job to allow a certificate of reoccupation to be issued;
an understanding of what the laboratory analyst will require before doingclearance sampling and issuing the certificate of reoccupation.

Practical training for licensable work
253 Practical training is essential for those entering enclosures, including
employees and supervisors. Where employees are required to use thefollowing plant and equipment, or carry out the following work activities orprocedures, they also need practical training in the:
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decontamination procedures and use of hygiene facilities;
use of PPE, particularly RPE;
construction of enclosures, airlocks and achieving sufficient numbers of
air changes within the enclosure;controlled removal techniques, including the use of multiple and single
needle injection systems, glovebags and wrap-and-cut techniques;
waste removal procedures on site, including double bagging andremoval through the bag lock.
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Record-keeping for employees carrying out licensable work
254 A record of the information, instruction and training received by eachindividual for licensable work should be kept to:
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help employers carry out ongoing TNA;
comply with the licensing process, where applicable;
support individual workers in demonstrating their knowledge, skills andexperience when they move from one employer to another.

Guidance

10

255 The procedures for providing information, instruction and training for licensable
work should be clearly defined and referred to in a written document. Employers
should review this regularly, particularly when work methods change.

ACOP

10

Competence in respirator zones
256 Employers carrying out licensable work in a respirator zone must makesure that only competent employees enter that respirator zone, or supervise
such employees.
257 To comply with the requirements in regulation 18(4)(a) and (b), employers
must be able to demonstrate that operatives and supervisors have been given
adequate information, instruction and training.
Competence of those providing training
258 All training should be given by people who are competent to do so andwho have personal practical experience and a theoretical knowledge of all
relevant aspects of the work being carried out by the employer.

Duration of training
259 The duration of training should be appropriate to:
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the type of training (whether initial training or refresher training);
the role for which the person is being trained;
the nature of the work (non-licensable work, NNLW and licensable workwith asbestos).

Training for examination and test methods and techniques
260 Anyone who carries out any examination, testing (including clearance
inspection, air monitoring and exposure monitoring) or maintenance of plantor equipment (eg LEV systems and RPE) should have sufficient training andexperience in examination and test methods and techniques to ensure thatthey are competent.

Provision of information and training for safety representatives
261 Training for safety representatives and elected representatives of
employee safety needs to be appropriate to their role.
262 Employers should consult safety representatives and elected
representatives of employee safety in good time about the information,
instruction and training they intend to provide.
263 Where the results of air monitoring show that the relevant control limit
has been unexpectedly exceeded, employers should tell employees, safety
representatives and elected representatives of employee health and safety
about this as quickly as possible and give details of the reasons for what
happened and the action taken or proposed.
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Refresher training
Refresher training for licensable and non-licensable work
264 Employers should identify the specific training needs of their employees
so that the refresher training can be appropriately tailored to the licensable or
non-licensable work being done. It should reflect the level of competence andspecific training needs of the individual involved and should not be a repeatof the initial information, instruction and training.

Guidance

10

265 Refresher training for licensable and non-licensable work should beappropriate to the work the individual is doing. It should be based on a TNA which
will inform the type of training needed. For example, for those with extensive
training needs, refresher training may involve classroom teaching or practicaltraining but for others, it could be given as part of other health and safety updates,eg as part of a short toolbox talk or e-learning to refresh experienced workers on
the main principles and expectations.

ACOP

10

266 Refresher training for licensable and non-licensable work should begiven every year, or more frequently if:
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work methods change;
the type of equipment used to control exposure changes;
the type of work carried out changes significantly; orgaps in competency are identified.

267 It should include reviewing where things have gone wrong and sharing
good practice.
268 Where training needs dictate, refresher training should include anappropriate element of practical training, particularly coveringdecontamination procedures, use of RPE, FFT and controlled removal
techniques.

Guidance

10

Refresher asbestos awareness training
269 There is no need for employees who receive training for licensable or nonlicensable work to do asbestos awareness refresher training.
270 Awareness training is only intended to help employees avoid carrying out workthat will disturb asbestos. There is no legal requirement to repeat a formal refresher
awareness training course every 12 months. However some form of refresher
awareness should be given, as necessary, to help prevent those workers listed inparagraph 233 putting themselves or others at risk in the course of their work.
271 Refresher awareness could be given as e-learning or as part of other healthand safety updates, rather than through a formal training course. For example, an
employer, manager or supervisor who has attended an awareness course and iscompetent to do so, as defined in paragraph 258, could deliver an update or safety
talk to employees in house.
272 A realistic, common sense approach to refreshing knowledge and skills, basedon judgement of individual abilities and training needs, is all that is usually required.

ACOP

10

Information and instruction for non-employees
273 Employers who are working on asbestos in premises have a duty tomake sure, so far as is reasonably practicable, that adequate information andinstruction is given to those not employed by them, who are present in thepremises and could be affected by the work.
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274 The information provided should include details of:
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Guidance

10

the location(s) where work is taking place, so people can avoid them;possible risks from rearranging thoroughfares and fire exits as a result of
the work being done;
any other information to help people avoid risks from the disturbance of
ACMs caused by the work being done.

Certificates of training
275 There is no legal requirement for employees to be issued with or possess acertificate of training before they can work with asbestos. However, many external
training providers issue trainees with certificates to indicate completion of a training
course. A certificate is not proof of competency to do the job, but where issued, acertificate is an indication that training has been received and may be kept as partof an individual’s training record.

Regulation 11 Prevention or reduction of exposure toasbestos
SummaryThis regulation requires employers to prevent employees being exposed toasbestos or, if this is not possible, to put in place the measures and controls
necessary to reduce exposure to as low as is reasonably practicable.

Regulation

11

(1)

Every employer must—(a)

prevent the exposure to asbestos of any employee employed by that
employer so far as is reasonably practicable;
where it is not reasonably practicable to prevent such exposure—(i)take the measures necessary to reduce exposure to asbestos ofany such employee to the lowest level reasonably practicable bymeasures other than the use of respiratory protective equipment,and(ii) ensure that the number of any such employees exposed toasbestos at any one time is as low as is reasonably practicable.

(b)(2) Where it is not reasonably practicable for the employer to prevent the
exposure to asbestos of any such employee employed by that employer inaccordance with paragraph (1)(a), the measures referred to in paragraph (1)(b)(i)must include, in order of priority—
(a)

(b)

the design and use of appropriate work processes, systems andengineering controls and the provision and use of suitable work
equipment and materials in order to avoid or minimise the release ofasbestos; andthe control of exposure at source, including adequate ventilation systems
and appropriate organisational measures,and the employer must so far as is reasonably practicable provide any employee
concerned with suitable respiratory protective equipment in addition to themeasures required by sub-paragraphs (a) and (b).
(3) Where it is not reasonably practicable for the employer to reduce theexposure to asbestos of any such employee to below the control limit by the
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measures referred to in paragraph (1)(b)(i), then, in addition to taking thosemeasures, the employer must provide that employee with suitable respiratory
protective equipment which will reduce the concentration of asbestos in the air
inhaled by that employee (after taking account of the effect of that respiratory
protective equipment) to a concentration which is—(a)(b)

below the control limit; andas low as is reasonably practicable.

(4) Personal protective equipment provided by an employer in accordancewith this regulation or with regulation 14(1) must be suitable for its purpose and—
(a)
(b)

(5)

The employer must—(a)ensure that no employee is exposed to asbestos in a concentration in
the air inhaled by that worker which exceeds the control limit; orif the control limit is exceeded—(i)
immediately inform any employees concerned and theirrepresentatives and ensure that work does not continue in theaffected area until adequate measures have been taken to reduce
employees’ exposure to asbestos below the control limit,(ii) as soon as is reasonably practicable identify the reasons for thecontrol limit being exceeded and take the appropriate measures toprevent it being exceeded again, and(iii) check the effectiveness of the measures taken pursuant to subparagraph (ii) by carrying out immediate air monitoring.

(b)

ACOP

11

comply with any provision of the Personal Protective Equipment
Regulations 2002 which is applicable to that item of personal protective
equipment; orin the case of respiratory protective equipment, where no provisionreferred to in sub-paragraph (a) applies, be of a type approved or must
conform to a standard approved, in either case, by the Executive.

276 Employers must first decide whether they can prevent the exposure toasbestos so far as is reasonably practicable. If this is not possible thenexposure must be reduced to as low as reasonably practicable.
277 Work which disturbs, or is liable to disturb ACMs, should only be carriedout when it is unavoidable.
278 Where it is not reasonably practicable to prevent exposure to asbestos,it must first be reduced to the lowest level reasonably practicable, by meansother than the use of RPE.

Guidance11

279 It may be that the work which would disturb the asbestos or ACM is notnecessary or that it can be carried out in an alternative way, which would not
involve disturbing the asbestos, or would minimise such disturbance (eg re-routing
cables away from ACMs or covering up materials, rather than working on them).

ACOP

11

280 Where it is not reasonably practicable to prevent exposure to asbestos,
employers must choose the most effective method or combination of
methods to minimise fibre release and reduce exposure to the lowest levels
reasonably practicable. This must be documented in the written risk
assessment and/or plan of work. Such work methods should include as
appropriate:

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safe removal of ACMs before any other major work (such as
refurbishment) begins, using the most effective methods to minimise
fibre release (eg controlled wet stripping techniques);
choosing methods that do not involve dry working and avoiding
abrasion, sanding, machining or cutting etc of ACMs;
choosing work methods with the least overall risk;
where necessary, carrying out a pre-clean of the work area before
removal work takes place, and a prompt clear-up at regular intervals,
using vacuum-cleaning equipment of class H (BS 8520–3:2009) to clean
up any dust and debris which may contain asbestos;
not allowing waste to be kept on site for longer than necessary;removing an intact item instead of detaching ACM panelling attached
to it;
wrapping and cutting off or removing pipes at the flange joints, rather
than disturbing the insulation material on them;re-routing cables and services away from ACMs;
protecting ACMs from damage when working near them;cutting the bolts holding asbestos cement cladding or roofing sheets inplace from a safe working platform and removing them whole.

Guidance

11281 When considering work methods, employers should be aware of other risks,
not just those relating to asbestos exposure. For example asbestos cement
corrugated roofing is highly fragile and should never be walked on directly. If work
must be done on or over asbestos cement sheets, a safe system of work must be
devised and used.

ACOP

11

282 Employers should keep the number of both employees and others who
might be exposed to asbestos at any one time as low as reasonably
practicable.
283 Employers should reduce airborne levels of asbestos to as Iow a level asreasonably practicable and control exposure, so that any peak exposure isless than 0.6 fibres per cm³ averaged over a maximum continuous period often minutes. This should be done by using appropriate RPE, if exposure
cannot be reduced sufficiently by other means.

Viewing panels and CCTV for enclosures
284 All areas of the enclosure should be able to be monitored during work
activities and this should be achieved by a combination of viewing panels
and/or CCTV. The quality of the CCTV system should ensure clear anddistinct pictures.

Guidance

11

Non-licensable removal work
285 The duty to avoid, or if that is not reasonably practicable, adequately control,
exposure applies equally to all work with asbestos, irrespective of whether a licenceis required or not.
286 Employers should have in place a policy to always check whether ACMs arepresent before carrying out work that disturbs the fabric of a building which may
contain asbestos. The policy should also ensure that work which does disturb
ACMs is restricted to authorised people who have been given the necessary
information, instruction and training. Also, non-licensable asbestos work should be
carried out using the most effective method or combination of methods which
minimises fibre release and so reduces exposure to the lowest levels reasonably
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removing asbestos cement sheets whole;
avoiding the use of power tools;
keeping materials thoroughly wet;using LEV systems, such as cowls on drills and shadow vacuuming.

287 Further guidance on methods of working with asbestos cement products,
minor works with building materials containing asbestos and on work withasbestos-containing textured decorative coatings, can be found in HSE’s Asbestos
essentials task sheets.

ACOP

11

Licensable removal work
288 Employers must choose work methods which are most effective at
reducing fibre release at source.
Removing asbestos insulation and asbestos coating
289 For work with asbestos insulation and coating, this should involve
controlled wet stripping and avoid the use of abrasive power tools.

Guidance

11

290 The standards in BS 8520-1:2009 on controlled wetting equipment
specification should be followed.
291 There may, however, be situations where other techniques such as wrap-andcut may be more efficient at preventing or reducing exposure (eg for removing
redundant pipework).

ACOP

11

292 Where wet injection techniques are used, they should be used touniformly wet the asbestos material before its removal. The wetting agent willneed enough time to thoroughly penetrate the ACM, but saturation of thematerial should be avoided.

Guidance

11

293 Oversaturation can lead to pieces of ACM falling off and may turn the material
into unmanageable slurry. It is essential that employers check the degree ofsaturation (eg by visual inspection, examining texture or by using dyes, before
beginning removal). The treated ACM should have a dough-like consistency.

ACOP

11

294 Where the ACM is being removed from its substrate, employers must notuse dry stripping methods unless there is no reasonably practicable
alternative (eg stripping using a glovebag without any form of wetting is a dry
method). The work method must be justified by the risk assessment andclearly detailed in the plan of work. Employers must make sure that effective
measures are used to control fibre release in the work area (eg glovebags
within the enclosure, vacuum transfer).

Guidance

11295 Before agreeing to a request for the work to be carried out dry, licensed
contractors should discuss this with the relevant enforcing authority.
296 Occupiers and owners of buildings and plant should co-operate with licensed
contractors undertaking the work, releasing plant wherever practicable, so that it
can be isolated and worked on cold and free from electrical and chemical risks.
297 More guidance on fibre control methods can be found in The licensed
contractors’ guide.

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Maintaining plant and equipment contaminated with asbestos
298 Where there is a risk of asbestos fibre release, all maintenance ofequipment contaminated with asbestos must be done under controlled
conditions. For example when an item of plant needs to be stripped down(such as air extraction equipment), it should be carried out within a work area,permanently set aside, which is under negative pressure and which isconnected to the hygiene facilities by an airlock system. Where this work isdone on site it must be done in an enclosure.
299 Employers should control dust-containing asbestos fibres at source byusing LEV or controlled wetting techniques, eg airless or low-pressure
spraying. Employers should take care not to overwater when working on ornear electrical equipment or, alternatively, use dielectric fluids. Employees
and others who carry out such maintenance work either on site or on themaintenance company’s own premises will require a licence.

Respiratory protective equipment
300 Where, despite the use of other control measures, the assessment of thework concludes that exposure of workers is liable to exceed the control limit
or exceed the 0.6 f/cm³ peak level measured over 10 minutes, employers
must provide suitable RPE. This must reduce exposure to a level as low as isreasonably practicable below the control limit. In addition, employers shouldmake sure that RPE is used correctly by those carrying out the work. RPE
should be examined before use. See paragraphs 337–344.
301 Exposure above the control limit also triggers the need for immediate
steps under regulation 11(5) to inform employees and safety representatives
and for respirator zones, required under regulation 18 (see paragraphs 469–
478).
302 RPE must be matched to:
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the job;
the environment;
the anticipated maximum exposure;the wearer (and take into account such issues as facial hair and glasses).

303 RPE should be compatible with any other PPE. In particular, any PPE
which protects the head or eyes of employees should not affect the fit of theRPE.
304 Employers should make sure that the selected facepiece (tight andloose-fitting types) is the right size and can correctly fit the wearer. For atight-fitting facepiece (disposable masks, half-face masks and full-facemasks) the initial selection should include fit testing to make sure the wearer
has equipment which fits correctly. Employers should have systems in place
to make sure that face-fit testing is carried out and repeated as necessary ona regular basis. Employers should make sure that whoever carries out fit
testing is competent to do so.
305 Repeat fit testing must be done when changing to a different model of
RPE, or a different sized facepiece or if there have been significant changes
to the facial characteristics of the individual wearer, eg as a result ofsignificant weight gain or weight loss or due to dentistry.

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306 It is good practice to have a system in place to ensure repeat fit testing of
RPE is carried out regularly, eg annual testing for workers involved in licensed
asbestos removal.
307 Where RPE is required, employers should choose RPE designed to protect
against exposures well above those expected, to allow for unexpected highexposures and to provide an adequate margin of safety. If there is doubt about thelevel of protection, employers should always select higher performance equipment,
provided it is suitable for the work.
308 For licensable work inside enclosures, power-assisted full-facepiece
respirators fitted with P3 filters should be worn. Alternatively, similar or higher
performance equipment can be used, eg powered hoods or blouse or air-fed
equipment. Disposable RPE (eg FFP3) or half-mask RPE (with P3 filters) can beused in low-risk ancillary tasks, as identified in the risk assessment. These situations
could include scaffold erection, site set-up, enclosure dismantling, and waste
handling outside the enclosure.

Fit testing facepieces
309 There is comprehensive information and guidance on face-fit testing of RPE at
www.hse.gov.uk/respiratory-protective-equipment.

Regulation 12 Use of control measures etc
SummaryThis regulation requires employers to put procedures in place to make sureemployees use and apply control measures. It also requires the employees tomake full and proper use of those measures.

Regulation

12(1) Every employer who provides any control measure, other thing or facility
pursuant to these Regulations must take all reasonable steps to ensure that it isproperly used or applied as the case may be.
(2) Every employee must make full and proper use of any control measure,other thing or facility provided pursuant to these Regulations and—
(a)
(b)

ACOP

12

where relevant take all reasonable steps to ensure that it is returned after
use to any accommodation provided for it; andreport any defect discovered without delay to that employee’s employer.

310 Employers should have procedures in place to make sure control
measures are used and applied properly and are not made less effective byother work practices or other machinery. These procedures should include:■■■■

regular checks, at least at the start of every shift;
prompt action when a problem is identified.

General duties on employees
311 Within the general duties imposed by regulation 12(2), employees should,
in particular:■■

use any control measures properly and keep equipment in the places
provided – this includes dust suppression, extraction equipment, RPE
and protective clothing;
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carefully follow the procedures set out in the employer’s risk assessment
and plan of work, including those for changing and decontamination,and comply with the use of control measures;
keep the workplace clean;eat, drink and smoke only in the designated places provided;
report any defects concerning control measures to their supervisor/
manager immediately.

312 RPE should never be taken off and put down in a contaminated area,
except in the case of a medical emergency. When not in use, RPE should not
be:
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■■

hung around the neck or in any other way allowed to come into contact
with contaminated clothing;stored in a contaminated area.

313 RPE and protective clothing should be:
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removed at the end of each working period;
cleaned (see paragraph 344 for RPE and paragraphs 357–363 for PPE);
kept in the storage place provided specifically for that purpose which isclean and will protect it from damage.

314 Before it is used, disposable RPE should be kept in a suitable container
to keep it free from contamination. Once it has been used, disposable RPE
and protective clothing should be treated as asbestos waste.

Regulation 13 Maintenance of control measures etc
SummaryThis regulation requires employers to carry out regular inspection andmaintenance of control measures to make sure they are kept in good efficientworking order. It also requires a competent person to test and examine exhaust
ventilation and RPE at suitable intervals and for records of examinations andtests to be kept for at least five years.

Regulation

13(1) Every employer who provides any control measure to meet therequirements of these Regulations must ensure that—(a)(b)

in the case of plant and equipment, including engineering controls andpersonal protective equipment, it is maintained in an efficient state, in
efficient working order, in good repair and in a clean condition; andin the case of provision of systems of work and supervision and of any
other measure, any such measures are reviewed at suitable intervals andrevised if necessary.

(2) Where exhaust ventilation equipment or respiratory protective equipment(except disposable respiratory protective equipment) is provided to meet therequirements of these Regulations, the employer must ensure that thoroughexaminations and tests of that equipment are carried out at suitable intervals by acompetent person.
(3) Every employer must keep a suitable record of the examinations andtests carried out in accordance with paragraph (2) and of repairs carried out as aresult of those examinations and tests, and that record or a suitable summary of it
must be kept available for at least 5 years from the date on which it was made.
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315 Employers must draw up maintenance procedures for all control
measures and PPE. These should also cover the equipment used for cleaning,
washing and changing facilities and the controls used to prevent the spreadof contamination. The procedures should make it clear which control
measures require maintenance, when and how to carry this out and who is
responsible for doing it. In particular, maintenance is required for:
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enclosures;
hygiene facilities;
vacuum cleaners;
air extraction equipment;
wet injection equipment;
disposable and non-disposable RPE, including storage.

Enclosures
316 Where an enclosure is being used to comply with regulation 16,
employers should make sure that:
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it is properly maintained;
a thorough visual inspection and check on the integrity of the enclosure,
airlocks and ducting from air extraction equipment is carried out at leastat the beginning of each shift;
any defects found during inspection and testing are repaired
immediately;
air extraction equipment is operated while work is being carried out,
during breaks and for at least one hour after each shift;appropriate air monitoring outside the enclosure is carried out, eg insituations where the air exhausted from the enclosure is discharged into
an occupied building because it is not reasonably practicable todischarge externally;viewing panels are maintained/cleaned regularly to ensure good visibility;
CCTV equipment being used should be kept in good working order;
appropriate barriers are maintained on open sites.

317 A record of inspections, checks and any repairs should be kept on site
for inspection by the enforcing authority.

Hygiene facilities
318 Where specific hygiene facilities are provided, employers should makedaily checks throughout the duration of the work to make sure showers,
heating, lighting, extractor units, battery charging facilities and residual
current devices are all working.
319 Keep a record of inspections and defects on site for inspection by theenforcing authority.
320 Showers should provide sufficient quantities of water at a reasonabletemperature and pressure to allow thorough decontamination. Blocked
shower rosettes and systems which result in alternate hot and cold water are
not acceptable.

Vacuum cleaners
321 A class ‘H’ vacuum cleaner (BS 8520-3:2009) is required for licensable
work with asbestos and can be used for non-licensable work. Where class H
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vacuum cleaners are used, employers should also make sure that theequipment is:
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inspected daily when in use to ensure that the equipment works
effectively and provides adequate suction;
inspected weekly when in use to ensure it is in good condition, it is notdamaged and is working effectively;
thoroughly tested and inspected every six months by a competentperson.

322 A record of inspection, examination, maintenance and of any defects
repaired must be kept on site for inspection by the enforcing authority.
323 During licensable work, the waste bag must be inspected regularly to
see if it needs to be emptied. Inspection and changing should be done undercontrolled conditions to prevent spread of contamination (ie within theenclosure by workers wearing PPE, including RPE).
324 Where class H vacuum cleaners are used for non-licensable work,
arrangements will need to be made to ensure that the waste bag is replaced(as necessary) under controlled circumstances.

Guidance

13

325 When used for non-licensable work, class H vacuum cleaners will generally
need infrequent waste bag changing as the quantities of dust involved in cleaning
will be small. Often the class H vacuum cleaners are hired and the supplier/hirecompany will replace the bags at the end of the hire period. Where waste bags
need to be replaced during the work, the employer should make arrangements forthe bags to be removed by an asbestos licence holder under controlled conditions.

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Air extraction equipment
326 All necessary air extraction equipment (including air movers and negative
pressure units) should be:■■■■visually inspected daily when in use;thoroughly examined and tested every six months by a competentperson to make sure it is working properly to its design.

327 This includes extraction units on hygiene facilities and relevant
equipment in laboratories handling asbestos.
328 A record of inspection, examination, maintenance and of any defects
repaired must be kept on site for inspection by the enforcing authority.

Wet injection equipment
329 All wet injection equipment should be:■■■■visually inspected daily when in use;thoroughly examined and tested every 12 months by a competentperson to make sure it is working properly to its design specification.

330 A record of inspection, examination, maintenance and of any defects
repaired must be kept on site for inspection by the enforcing authority.

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Respiratory protective equipment
Disposable RPE
331 Disposable RPE should always be:
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stored in a suitable safe and clean location before use;
examined in accordance with the manufacturer’s instructions before use(pre-use examination) to make sure it is not damaged and is in goodworking order;
disposed of as asbestos waste after use.

332 Pre-use examination should include checks on the condition of the:
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straps;facepiece, including the seal and nosepiece;
exhalation valve, if fitted.

333 A face-fit check must be done to make sure the mask fits properly.
334 A copy of the manufacturer’s user instructions should be available to thewearer. This will give information on simple fit checks, such as those involving
blocking filters and inhaling to create suction inside the mask so any leakage
can be detected.
Non-disposable RPE
335 Effective protection from non-disposable RPE is dependent on
maintaining the equipment in good condition and in working order, throughsufficient cleaning and decontamination and by carrying out regular checks
and examinations. There are three separate examinations which should be
carried out:
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a ‘pre-issue’ examination which needs to be carried out by a competentperson before the RPE is issued to a wearer;‘periodic examinations’ by a competent person regularly to make surethe RPE is in efficient working order;a ‘pre-use’ examination, carried out by the wearer before the RPE is
used.

336 All wearers of non-disposable RPE should have received sufficienttraining to be able to complete the necessary checks.
Pre-issue and thorough examination and test
337 A competent person should examine non-disposable RPE before it isissued to any wearer for the first time. In addition, non-disposable RPE
should also be given a thorough examination and test by a competent person
at periodic intervals (see paragraphs 335–336). The pre-issue examination andthorough examination and test should visually examine each component indetail to make sure it is in good condition, is not damaged, cracked, broken
or perished and it is working properly. In particular it should check:
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the condition of the head harness and facepiece (including the face seal,visor and breathing hose if fitted);
the condition of inhalation and exhalation valves (if fitted);
the condition of any threaded connections, gaskets and seals to ensure
they can be fastened securely;that filters, where fitted, are the right type, undamaged, are fitted
correctly and within their shelf life;
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the condition of the battery unit and its charge;
the airflow rate.

338 The examinations and testing should also include any additional checks
as specified in the manufacturer’s instructions.
339 Where air-fed RPE is used, the following checks will be necessary as
part of the thorough examination and test. Check:
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the compressed air supply tube, low pressure tube and breathing hosefor damage, eg splits, holes, deformation etc;
the connection of the compressed air supply tube to a belt or harness isrobust and takes the weight of the tube;
the pressure/flow regulator is in good condition and where designed,
permits user adjustment;
the low flow/pressure warning indicator, eg warning whistle, isfunctioning and has not been modified;both modes of operation, ie filtering and air fed, are functional and thatthe changeover connection/switch is working correctly.

The ‘pre-use’ examination by the wearer
340 This should follow the same checks as those listed in paragraph 332 but
does not need to involve the equipment being disassembled. The RPE should
also be checked by the wearer before and after it is used to make sure that it
is free from contamination and has not been damaged. There should also bea fit check to ensure the mask is properly fitted by the wearer.
Frequency of tests
341 Thorough maintenance, examinations and, where appropriate, tests of
non-disposable RPE should be carried out at least every month, or more
frequently where the risks to health and the exposure conditions are more
severe.
342 However, in situations where respirators are only occasionally used, theRPE should be examined and tested before it is next used and maintenancecarried out as appropriate. The person responsible for managing themaintenance of the RPE should decide on suitable intervals between
examinations, but this should not exceed three months for equipment in use.
Emergency escape RPE should be examined and tested following the
manufacturer’s instructions.
Record keeping
343 A record of fit testing, inspection, examination, maintenance and any
defects that are repaired must be kept available on site for five years forinspection by the enforcing authority.
Decontamination, cleaning and storage of non-disposable RPE
344 There are specific requirements for the decontamination, cleaning andstorage of non-disposable RPE. The equipment needs to be:
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■■

decontaminated, cleaned and dried after each use;
disinfected whenever the equipment is being transferred from one
wearer to another;stored in a suitable safe and clean location before use.

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Regulation 14 Provision and cleaning of protective
clothing
SummaryThis regulation requires employers to provide employees with adequate personal
protective clothing appropriate for the work they will be doing. It also sets out therequirement for proper cleaning, maintenance and storage of the clothing.

Regulation

14(1) Every employer must provide adequate and suitable protective clothing
for any employee employed by that employer who is exposed or is liable to be
exposed to asbestos, unless no significant quantity of asbestos is liable to bedeposited on the clothes of the employee while at work.
(2) The employer must ensure that protective clothing provided in pursuanceof paragraph (1) is either disposed of as asbestos waste or adequately cleaned atsuitable intervals.
(3) The cleaning required by paragraph (2) must be carried out either on thepremises where the exposure to asbestos has occurred, where those premises are
suitably equipped for such cleaning, or in a suitably equipped laundry.
(4) The employer must ensure that protective clothing which has been used
and is to be removed from the premises referred to in paragraph (3) (whether for
cleaning, further use or disposal) is packed, before being removed, in a suitable
receptacle which must be labelled in accordance with the provisions of Schedule 2,
as if it were a product containing asbestos or, in the case of protective clothing
intended for disposal as waste, in accordance with regulation 24(3).
(5) Where, as a result of the failure or improper use of the protective clothing
provided in pursuance of paragraph (1), a significant quantity of asbestos isdeposited on the personal clothing of an employee, then for the purposes ofparagraphs (2), (3) and (4) that personal clothing must be treated as if it were
protective clothing provided in pursuance of paragraph (1).

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Suitability of protective clothing
345 As part of the assessment for work with asbestos, employers must
decide whether or not protective clothing is required. They should start withthe assumption that protective clothing will be needed, unless there is nopotential for physical contamination and/or airborne exposures will be
extremely slight and infrequent. For licensable work, exposure is liable to besignificant and employers will always need to provide a full set of PPE.
346 Protective clothing must be suitable and include footwear, whenever
employees are liable to be exposed to a significant amount of asbestos
debris or fibres. It should be appropriate for the job and protect the parts ofthe body likely to be affected. To be suitable, depending on thecircumstances, the protective clothing must:
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fit the wearer;
be loose enough to avoid straining and ripping the seams;
be comfortable enough to allow for the effects of physical strain;
be suitable for cold environments;
prevent penetration by asbestos fibres;

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■■
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■■

be elasticated at the cuffs, ankles and on the hoods of overalls anddesigned to ensure a close fit at the wrists, ankles, face and neck;
not have any pockets or other attachments which could attract and trapasbestos dust;
be easy to decontaminate or dispose of.

347 Where indicated by the risk assessment, disposable overalls with a hoodand boots without laces will be required. Where disposable overalls are used,
Type 5 (under BS EN ISO 13982-1:2004+A1:2010),13 are suitable.

Guidance

14

348 Overall head coverings should be close-fitting and cover the parts of the headand neck not covered by the facepiece of the respirator. They should be connectedto the main overall. The head straps of RPE should be worn under the head
covering.
349 Wellington boots are preferable to any other form of footwear because they
are easier to clean. Lace-up footwear will trap asbestos fibres between the laces
and should not be worn.
350 Other risks should be considered, not just those created by asbestos. For
example where methods involve using equipment with naked flames, the protective
clothing should not be flammable. Based on the outcome of the assessment,
further PPE may also be required, eg waterproof clothing for outdoor work, gloves
for direct hand contact with ACMs.
351 Those that do the job are usually best placed to know what is involved andwhat problems exist. They should be consulted and involved in the selection andspecification of the equipment, as there is a better likelihood of PPE being usedeffectively if it is accepted by each wearer.

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Removal of contaminated protective clothing
352 Protective clothing should be:
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removed before taking off RPE;
removed before leaving the work area for any reason (including for meal
breaks, other breaks and at the end of the shift);cleaned before removal. For licensable work use a class ‘H’ (BS 85203:2009) vacuum cleaner fitted with suitable attachments. For nonlicensable (including NNLW) work, wet wiping may be adequate, basedon the outcome of the risk assessment.

353 If the protective clothing is to be reused (eg in licensable work), it shouldbe placed in a storage area specifically provided for that purpose (eg in the
airlock). If it is not to be reused, it should be placed in a suitable waste bag. If
the clothing is to be removed from the premises for cleaning or disposal, it
should be sealed in a labelled, dust-tight bag.
354 If an enclosure is being used, and the main hygiene facilities areconnected to the enclosure, then, after preliminary decontamination in the
airlock, protective clothing, including footwear, should be removed in the dirty
end of the hygiene facility.
355 If the main hygiene facilities are not connected to the enclosure,employers will need to provide additional overalls (of a different colour tothose worn inside the enclosure) for employees to wear after preliminary
decontamination has taken place in the airlock, to allow transfer to final
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decontamination at the main hygiene facilities. Separate footwear should also
be provided for use between the airlock and the main hygiene facilities.
356 Following work in enclosures, employers should make sure that nondisposable clothing and towels for washing are collected from the airlock andhygiene facility as soon as they have been discarded.

Cleaning, maintenance and storage
357 Protective clothing and towels that cannot be disposed of must be
effectively washed after every shift. If the employer does not have thefacilities and expertise for laundering asbestos-contaminated clothing, theemployer must send it to a specialist laundry. Asbestos-contaminatedclothing going to a laundry should first be placed in dust-tight bags which aresoluble in hot water and can be loaded, unopened, into a washing machine.
Place inner bags inside a second bag, which is labelled and is strong enoughto remain dust-tight during transport and handling. Dripping wet overalls andother types of PPE should not be put into soluble bags as they may cause thebags to partially dissolve during transport, which could result in dust release
when the outer bags are removed.
358 In most cases employers should treat disposable overalls as asbestos
waste and dispose of them properly after every shift. Disposal after a single
use may not be necessary for overalls used for occasional sampling, where
there is a low risk of contamination.
359 At the end of the working period, employers must make sure that thebagged, contaminated protective clothing is:
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placed in a specific storage area; ordisposed of as asbestos waste (especially disposable overalls whichshould be disposed of after every shift); or
prepared for dispatch to a laundry.

360 Asbestos surveyors and those sampling materials for asbestos who dooccasional sampling should use their judgement to determine whether or nottheir overalls may have been contaminated and need to be disposed of.
361 Contaminated protective clothing or materials must never be taken
home. This includes contaminated towels, which should either be effectively
washed after every shift or disposed of as contaminated waste.
362 Where the contaminated clothing is cleaned on the premises, or by aspecialist laundry, the washer and drier used must be dedicated for this use
to prevent the spread of any asbestos to other items of laundry. The room
containing the washer and drier should have its own LEV, preferably an air
mover fitted with high efficiency particulate arrest (HEPA) filtration. The
employee loading the washer should be wearing suitable RPE for protection.
The air from the drier should be discharged to the external atmosphere andnever to an occupied workroom. Separate washing cycles should be used forheavily and lightly contaminated items.
363 The waste water from the washer should be filtered before going todrain. The filter should be treated as contaminated asbestos waste anddisposed of as such when it is being replaced.

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Regulation 15 Arrangements to deal with accidents,
incidents and emergencies
SummaryThis regulation requires employers to prepare procedures on what to do if there
is an accidental, unplanned, uncontrolled release of asbestos fibre. Also, forlicensable work, procedures must be planned, implemented and tested andwarning systems should be in place. Details of this information must be given to
the emergency services.

Regulation

15(1) In the event of an accident, incident or emergency related to theunplanned release of asbestos at the workplace, the employer must ensure that—
(a)

(b)

immediate steps are taken to—(i)mitigate the effects of the event,(ii) restore the situation to normal, and(iii) inform any person who may be affected; andonly those persons who are responsible for the carrying out of repairs
and other necessary work are permitted in the affected area and thatsuch persons are provided with—(i)appropriate respiratory protective equipment and protective
clothing, and(ii) any necessary specialised safety equipment and plant,
which must be used until the situation is restored to normal.

(2) The remainder of this regulation applies only to licensable work withasbestos, and is without prejudice to the relevant provisions of the Management of
Health and Safety at Work Regulations 1999.
(3) Subject to paragraph (5), in order to protect the health of an employer’s
employees from an accident, incident or emergency related to the use of asbestos
in a work process or to the removal or repair of asbestos-containing materials at
the workplace, the employer must ensure that—
(a)
(b)

(c)

procedures, including the provision of relevant safety drills (which must
be tested at regular intervals), have been prepared which can be put into
effect when such an event occurs;
information on emergency arrangements is available, including—(i)details of relevant work hazards and hazard identification
arrangements, and(ii) specific hazards likely to arise at the time of an accident, incident or
emergency, andsuitable warning and other communication systems are established toenable an appropriate response, including remedial actions and rescue
operations, to be made immediately when such an event occurs.

(4) The employer must ensure that information on the procedures,
emergency arrangements and systems required by paragraph (3)(a) and (c) and theinformation required by paragraph (3)(b) is—
(a)

(b)

made available to the relevant accident and emergency services toenable those services, whether internal or external to the workplace, toprepare their own response procedures and precautionary measures;
anddisplayed at the workplace, if this is appropriate.
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(5)

Paragraph (3) does not apply where-(a)the results of the risk assessment show that, because of the quantity ofasbestos present at the workplace, there is only a slight risk to the healthof employees; andthe measures taken by the employer to comply with the duty underregulation 11(1) are sufficient to control that risk.

(b)

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Uncontrolled release of asbestos
364 Employers must deal with all uncontrolled releases of asbestos into theworkplace, quickly and appropriately. This applies to circumstances whereasbestos is accidentally disturbed as a result of work or where asbestos is
unintentionally released as a result of a failure of control measures, such as aleak from an enclosure.
365 The steps required to clean up such releases must be appropriate for the
scale of the release and the potential for further release and spread of fibres.
366 The clean-up of any release that leads to potential exposures at or above
the control limit or that are not sporadic and of low intensity, eg releases ofasbestos lagging, loose fill, asbestos coatings (not textured coatings) or largescale releases of AIB must be done by a licensed contractor.

Guidance

15

367 The clean-up of asbestos materials where the fibres are firmly linked in amatrix and that are essentially in good condition (ie mostly intact), eg asbestos
cement, bitumen products, papers, textiles etc will probably not require a licensed
contractor. Similarly, clean-up of small-scale release of AIB where it is in relatively
discrete pieces and undamaged will probably not require a licensed contractor. The
Asbestos essentials guidance contains details of suitable methods to follow whencarrying out remedial clean-up and decontamination for a number of different
asbestos materials.

ACOP

15

What to do if there is a release
368 In all cases, where there has been an uncontrolled release of asbestos
materials into the workplace, employers should take steps to:
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warn people who may be affected;
exclude people from the area, who are not needed to deal with therelease;identify the cause of the uncontrolled release;regain adequate control as soon as possible.

369 In particular, employers must make sure that:
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anyone in the work area affected who is not wearing PPE, including RPE,
leaves that area immediately;arrangements are made to decontaminate anyone who is contaminatedwith dust and debris;
any clothing or PPE is decontaminated or disposed of as contaminatedwaste;
measures are taken to contain and reduce fibre release.

370 For any employee who was not wearing adequate RPE or has beenpotentially exposed to asbestos fibres in an incident, a note that the exposure
has occurred must be made on that employee’s health record. If theemployee does not have a health record, the note must be made on that
employee’s personal record.
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How to clean up after a release
371 If contamination is severe, a licensed contractor and analyst should be
employed to thoroughly clean and check the area respectively. Whencleaning up after a release, the employer must make sure that:
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■■

the contaminated area is thoroughly cleaned of visible debris or dustthat may have become contaminated by asbestos fibres;
employees doing this work wear appropriate PPE, including RPE;
employees use equipment and procedures appropriate for the task andhave appropriate training and expertise;supervisors or managers make a careful check to make sure the work
has been properly carried out;
checks are made to make sure the area is thoroughly cleaned and safe
for reoccupation. Air sampling should be done to confirm that theremedial measures taken have been effective;
only those people essential for carrying out repairs and other necessary
cleaning and maintenance work are allowed into the affected area (otherthan emergency services).

372 For non-licensable work, detailed guidance on the controls andprocedures to be followed is available in Asbestos essentials and forlicensable work in The licensed contractors’ guide.

Accidents, incidents or emergencies involving licensable work
373 When carrying out any licensable work, employers must have prepared
procedures to put into effect if there is an accident, incident or emergency,
which could put people at risk, because asbestos is present.
374 Employers must also make sure information about emergency
procedures is given to anyone who may be affected, including employees,
others and the emergency services.
375 Employers should give employees enough information and instruction toproperly protect themselves. This should include procedures for:
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Guidance

15

raising the alarm;evacuation – and these drills should be tested and practised at regularintervals;
communicating within and between work areas;
contacting the emergency services;
decontamination;clean-up.

376 There needs to be sufficient resources and equipment on or near the site toenable swift, safe and effective clean-up.
377 Employers need to take account of the need to integrate procedures withgeneral fire precautions for the workplace and plan for any additional risks, eg nothearing alarms because of RPE and the siting of enclosures. Employers mustensure employees are given enough information and instruction about the prepared
procedures and arrangements if there is a fire. This should include:
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■■
■■

details of the nature of the fire alarms and/or systems;
details of the communications systems, including how to raise the alarm;
the location and means of escape to and from the area of the fire.

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378 Knowing the location and means of escape from an enclosure and theimmediate surrounding area will be particularly important if the enclosure (or hygiene
facility) is located in a part of the premises that is hard to reach, or if the escape isawkward or lengthy.

ACOP

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Contacting the emergency services
379 For licensable work, there should be arrangements in place forcontacting the emergency services if they are needed.
380 If there is an incident, accident or other emergency, employers mustensure sufficient information is available to the relevant accident andemergency services so they can prepare their own response procedures andprecautionary measures. This includes:
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Guidance

15

communication arrangements on site;
the type, condition and location of the asbestos;details of relevant hazards;
arrangements for evacuation;
decontamination procedures;the clean-up procedure.

381 For licensable work, pre-planned procedures, hazard information, drills, andspecial warning or communication systems will not be required if the quantity or thecondition of the asbestos in the workplace presents only a slight risk to the healthof employees.

Regulation 16 Duty to prevent or reduce the spread ofasbestos
SummaryThis regulation requires employers to prevent or reduce the spread of asbestos
anywhere work is being carried out under their control.

Regulation

16

Every employer must prevent or, where this is not reasonably practicable, reduce tothe lowest level reasonably practicable the spread of asbestos from any place
where work under the employer’s control is carried out.

ACOP

16

Preventing/reducing the spread of asbestos
382 Employers should select and use work methods that will reduce thedisturbance and release of asbestos fragments and fibres to minimise the riskof spread, eg by removing items intact or whole and by using dust
suppression techniques.
383 Inside the work area, ACMs must never be left loose or in a state where
they can be trampled on or spread. All asbestos waste should be bagged or
wrapped promptly after removal and the waste should be removed from thework area regularly.

Enclosures
384 For most licensable work with asbestos, it is likely that a full enclosure
will be required, unless it is not reasonably practicable.
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Enclosures for non-licensable work (including NNLW)
385 Full enclosures will not normally be required for non-licensable work withasbestos cement or other bonded materials or for some work outside or inremote areas. However, a partial enclosure should be used for removing
external asbestos cement soffits. Information on enclosure types is provided
in The licensed contractors’ guide and Asbestos Essentials.
386 For other non-licensable work:
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full enclosures must be used where there is risk of airborne or significant
internal physical contamination (eg from debris);a full enclosure should be used for large-scale work (eg on textured
coatings);
a mini-enclosure may be used where work is minor;
where a full enclosure is used for non-licensable work, air extraction
airflow rates as specified for licensable work should be used.*

387 Where enclosures are not used, the employer’s risk assessment should
establish what will be required to make sure that, as far as is reasonably
practicable:
■■
■■
■■

the spread of asbestos is prevented;
people not involved in the work are excluded from the area;
the work area is totally cleaned after work is completed.

Enclosures for licensable work
388 Employers should make sure that, as far as is reasonably practicable,
the work area is completely enclosed, to contain any asbestos debris andairborne asbestos fibres, by:■■■■erecting a purpose-made enclosure; orsealing the whole or part of the area where the work is to be carried out.

389 For most licensable work, which is not external or in a remote area, a fullfit-for-purpose enclosure will be required and should have:
■■

■■

■■

■■

a three-stage airlock with openings to allow entry and exit, designed toprevent or reduce spread of fibres out of the enclosure and that allows
progressive personal decontamination on exit;a three-stage bag lock, with separate openings for removal of waste
fitted with their own airlocks to reduce the spread of fibres out of theenclosure during removal of waste;
airlocks of sufficient size (1 m x 1 m x 2 m minimum where spacepermits) to allow siting of decontamination equipment (eg footbath andbucket) and effective preliminary decontamination. There should beweighted flaps on each of the airlocks, located on the enclosure side;
air extraction with high efficiency particulate arrest (HEPA) filtration andsufficient capacity to maintain a reduced air pressure in the enclosure, toa level that is below that outside the enclosure (negative pressure). The
filtered air from the extraction unit should be discharged to the external
atmosphere wherever reasonably practicable;* A mini-enclosure is a small enclosure or tent used to prevent the spread of contamination without air

extraction. A partial enclosure is neither fully enclosed nor provided with air extraction. A full enclosure
includes airlocks and negative pressure air extraction. Other than for activities such as preventing spread
during large-scale removal of textured decorative coatings, most non-licensed work with asbestos will not
require a full enclosure. Where a full enclosure is used, the airflow rate should not be less than 500 m3/hr.
The reference to licensable work rates at the end of paragraph 386 is a target flow rate which should beaimed for, in a manner that is proportionate to the risk.
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■■

■■

an airflow of at least 8 air changes per hour for enclosures greater than
120 m3 in size or an airflow of at least 1000 m3 per hour for enclosuresless than 120 m3 in size. The enclosure size should include additional
areas introduced during the asbestos removal, eg ceiling voids. The
airflow provided by the negative pressure unit(s) should be based on thecurrent performance of the equipment and not the original design
specification;
viewing panels and/or CCTV. The panels should allow as much of thework area as possible to be viewed and should be kept clean/
unobscured. Where viewing panels are impractical, eg in basements andupper floors, or do not cover all areas, use effective closed-circuit
cameras.

390 If heating, ventilation and air-conditioning systems are present in thearea where the enclosure is, they should be turned off and sealed for theduration of the work activity.
391 Erecting scaffolding when it is forseeable that the asbestos may be
disturbed, and/or when the scaffold forms part of a live enclosure will belicensable work.
392 The ends of any scaffold tubes used in the enclosure or to access theasbestos work area must be sealed.
393 Where the structure of a building forms part of the enclosure, theemployer should make sure of the effective sealing of areas such as:■■■■

windows, doors, vents, grilles and apertures through which pipes andother services/facilities may allow air to pass through;surfaces which may not be easy to access or clean.

394 Enclosures should normally be designed and constructed so thatasbestos materials are not disturbed until the enclosure is complete andunder negative pressure. Where this is not possible (eg the area is alreadycontaminated with asbestos debris):■■■■the asbestos debris must be cleaned up using methods to minimise fibre
release before the enclosure is built;
suitable PPE and RPE should be worn during pre-cleaning and any work
likely to disturb asbestos during the building of enclosures.

395 Before starting work in the enclosure, a thorough visual inspection andsmoke test must be conducted to check the enclosure’s integrity. The filtered
air extraction equipment must be tested to ensure it is achieving negative
pressure and the required air change rate.
396 Where reasonably practicable, connect hygiene facilities for final
personal decontamination directly to the enclosure airlock system or, if thiscannot be done, they should be as close as is practicable and procedures forpreliminary decontamination and transiting should be drawn up and followed.
397 Where reasonably practicable, the ‘transit’ and ‘waste’ routes should
avoid occupied areas or, if that is not possible, the work should be carriedout when the required transit areas are not occupied. If this cannot be done,
conduct more rigorous preliminary decontamination and carry out more
frequent inspection, checking and cleaning the routes.

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398 Partial enclosures may be used for external removal of AIB soffits wherefull enclosures are not reasonably practicable.
399 Where enclosures are not used, additional controls, monitoring andinspection will be required to make sure that, so far as is reasonable
practicable, the spread of asbestos is prevented and the work area isthoroughly cleaned.

Decontamination procedures for licensable work
Preliminary decontamination procedures
400 Employers must have clear procedures in place to prevent the spread ofasbestos and the consequential potential risk of exposing others. Theseshould cover employees leaving enclosures and removing waste fromenclosures. Procedures should include making sure that:
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■■
■■

■■
■■

most contamination on employees is removed during the preliminary
decontamination procedure within the enclosure and airlock;
employees use a ‘buddy’ system to clean their PPE and RPE as
thoroughly as possible whenever they leave the enclosure or work area;
dedicated class H (BS 8520-3:2009) vacuum cleaning equipment isprovided and fitted with suitable tools. It should be located inside theenclosure, immediately next to the airlocks;
remaining residues are removed in the showers in the main hygiene
facility;
contaminated clothing is not taken into the shower area or the clean endof the hygiene facility.

401 Exits (for people or waste bags) should be designed and constructed toprevent, or if that is not possible, minimise, the escape of airborne fibres andallow ‘negative-pressure’ equipment to operate effectively.
402 In transiting situations, in the inner stage of the air lock, footwear should
be cleaned in the footbath using a brush. Respirators (still worn and with the
motor still running if using a powered-assisted model) should be wiped withwet cloths or sponges, using separate washing facilities to those provided forthe footwear. All cloths, wipes and brushes should be treated as
contaminated waste.
403 In the middle stage of the airlock, work overalls and boots should be
removed and retained for next use. Transit overalls and footwear should be
put on in the final compartment (outer stage) of the airlock.
404 Any plant or equipment contaminated with asbestos must be thoroughly
decontaminated before it is removed from the enclosure for other use ordisposal. If it cannot be decontaminated:
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■■
■■

the equipment must be cleaned so far as is reasonably practicable andwrapped or sealed to prevent release of asbestos;the outer surface of the wrapping or seal must be decontaminatedbefore the plant/equipment is moved;
exposure to and spread of asbestos must be prevented when
unwrapping/unsealing plant and equipment.

Final decontamination procedures
405 RPE should not be removed until the wearer is in the shower and therespirator has been effectively wetted. In exceptional circumstances, eg
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where wearing full-facepiece-powered RPE during transiting introduces
additional risks (eg lack of visibility or tripping), a suitable disposable
respirator, or half-mask respirator can be worn between the enclosure andhygiene facilities. The exterior of RPE should be fully wiped clean before
transiting. This procedure must be justified in the risk assessment. Also:
■■
■■
■■

thoroughly cleaned RPE can be taken out through the ‘clean’ area;
disposable towels and equipment (eg RPE filters) should be treated as
asbestos waste;contaminated equipment will need to be put into a sealable container
and then taken out through the dirty area.

406 Once the removal of asbestos has started and until the area has beenthoroughly cleaned ready for four-stage clearance, anyone (including analysts
and supervisors) leaving the enclosure or working area should carry out
preliminary and final decontamination (by properly using the main hygiene
facilities, including the shower). The only exception to this is where there is anacute risk to workers’ health or safety due to a medical emergency in theenclosure.

Removal of waste from full enclosures
407 Where practicable, remove waste bags from the enclosure via a separate
bag lock. Waste bags should be placed in the inner stage of the bag lock,where they are decontaminated before being passed into the middle
compartment of the bag lock.
408 In the middle stage of the bag lock, the waste bags should be placed
into a second bag (ie an outer bag), sealed and the outer bag wiped down.
The double-bagged waste should be placed in the outer stage of the bag
lock.
409 The waste should be removed promptly from the outer stage of the baglock by an ‘outside worker’ wearing appropriate PPE and RPE. The bags
should be transferred directly to the waste skip or vehicle.
410 Under no circumstances should people exit the enclosure via the bag
lock.
411 Where it is not practicable to have a separate bag lock system, the baglock should be constructed from the inner or middle stage of the three-stage
airlock which provides the entry/exit system for people. Waste bags should
never be taken through the main hygiene facilities.

Waste removal outside the enclosure
412 All waste should be double bagged and the bags wiped down to remove
surface contamination. Waste should be transported between the enclosure
or work area and the skip or removal vehicle using the route likely to besafest during normal transit.

Licensable work in open sites
413 Where it is not reasonably practicable to enclose the work area:■■

the work area should be marked by suitable warning notices andphysical barriers appropriately placed;
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employers must assess the risks to workers and others nearby and if
necessary, and as far as is reasonably practicable, the work should bedone when other workers or members of the public are not nearby.

414 Where it is not reasonably practicable to build a full enclosure, othercontainment and dust-suppression techniques should be used to prevent the
spread of asbestos.
415 Where an enclosure is not used, the risk assessment should establish
what will be required to ensure that, as far as is reasonably practicable, thespread of asbestos is prevented and the work area thoroughly cleaned.

Static sampling/air monitoring
416 Air monitoring to reduce risks from spread of asbestos is required to:
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■■

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16

measure the background concentration of asbestos fibres in the work
area during work, to check that the control measures are effective;
measure background fibre levels outside the enclosure, particularly whenthe enclosure is in occupied premises. Check for fibre leaks around theperimeter of the enclosure and at the airlock and bag lock positions.
Also conduct testing at the discharge location of the air extraction
equipment, where it is sited internally;measure background fibre levels inside the enclosure when the asbestos
work is complete, to ensure that it has been thoroughly cleaned anddecontaminated before dismantling;
carry out measurements for reassurance, eg after accidental release ofasbestos fibres.

417 Further guidance on reducing asbestos spread during non-licensable work isprovided in the Asbestos essentials task sheets.
418 Further guidance on reducing asbestos spread for licensable work is provided
in The licensed contractors’ guide.

Regulation 17 Cleanliness of premises and plant
SummaryThis regulation requires employers to make sure that work areas, plant andequipment used for asbestos work are kept clean. It also requires the employer
to make sure the area is thoroughly cleaned after work is finished.

Regulation

17

Every employer who undertakes work which exposes or is liable to expose any
employees of that employer to asbestos must ensure that—
(a)
(b)

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the premises, or those parts of the premises where that work is carriedout, and the plant used in connection with that work are kept in a clean
state; andwhere such work has been completed, the premises, or those parts ofthe premises where the work was carried out, are thoroughly cleaned.

419 To help cleaning and prevent the spread of asbestos, employers mustchoose work methods and equipment to prevent or reduce release of fibres
and the build-up of asbestos waste on floors and surfaces in the working
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area. Wherever practicable, waste should be transferred directly into wastebags as workers remove the asbestos materials.
420 Employers must make sure that any asbestos dust and debris is cleaned
up and removed regularly to prevent it accumulating (and drying out where
wet removal techniques have been used), and at least at the end of eachshift.
421 Procedures for cleaning premises and plant will need to take account of
the need for cleaning following an accidental and uncontrolled release ofasbestos.

Further measures
422 Procedures will need to be set up for cleaning:
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■■
■■

working areas, including transit and waste routes;
plant and equipment;
hygiene facilities.

423 Dustless methods of cleaning should always be used. This includes,
wherever practicable, providing dedicated class H (BS 8520-3:2009) vacuum
cleaning equipment fitted with suitable tools. Procedures for cleaning shouldmake clear:
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■■
■■
■■

the items and areas to be cleaned;
how often they need to be cleaned;
the cleaning methods, which should not create dust;
any special precautions which need to be taken during cleaning,
including the low-dust technique to be used, and the measures to taketo reduce the spread of dust.

424 Dry manual brushing, sweeping or compressed air must not be used toremove asbestos dust.

Clean-up when work finishes
425 When work with asbestos comes to an end, the work area should bethoroughly cleaned before being handed over for reoccupation or for
demolition. All visible traces of asbestos dust and debris should be removed
and a thorough visual inspection carried out.
426 Where the work is licensable then the four-stage clearance procedure,
which includes air sampling (see paragraph 438), should be carried out and acertificate for reoccupation issued.
427 Where licensable work is done out of doors (eg soffit removal), thenclearance air sampling will not be needed. In this situation, the certificate forreoccupation should still be completed, but without stage 3 (air monitoring).
428 Clearance air sampling is not required for non-licensable work. However,a written statement of cleanliness will be required for the work area for some
non-licensable work, eg after large-scale removal of textured coatings (seeparagraphs 464–467).

Guidance

17429 Surveyors and others taking samples are responsible for cleaning up any
material they have disturbed, but are not responsible for cleaning up pre-existing
dust and debris.
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Site clearance process for licensable work
430 Once asbestos removal is complete, the premises must be assessed todetermine whether they are thoroughly clean and so fit to be returned to theowner/occupier. It is important that this includes the premises, any plant orequipment or parts of the premises where work with asbestos has takenplace and the surrounding areas, which may have been contaminated. The
areas requiring assessment for site clearance certification for reoccupation
include the:
■■

■■

■■
■■

enclosed area (including ceiling voids where AIB ceiling tiles have been
removed and airlock and baglock) or the delineated work area where an
enclosure has not been used;
immediate surrounding area (for enclosures this will include the outsideof walls and underneath polythene floors; for delineated areas this will
include surfaces nearby either where asbestos may have been spread orwhere the pre-cleaning was not done properly);transit route if one has been used;
waste route and area around the waste skip.

431 Those employing an organisation to carry out the four-stage clearance
must ensure that the organisation is accredited to meet the relevant criteria in
ISO 17020 and ISO 17025.14
432 The four-stage clearance should be carried out by the sameorganisation, and preferably by the same person, as this will help continuity
and consistency and will avoid problems with interfaces at each stage of theprocess. The organisation carrying out the four-stage clearance should havethe necessary independence to act completely impartially. If the analyst iscontracted by the building owner/occupier, a copy of the clearance certificate
should be made available to the asbestos removal company.

Guidance

17

433 Although not a legal requirement, it is desirable that the analyst is employedby the building owner or occupier for site clearance certification. This arrangement
helps avoid any conflict of interest (perceived or real) there may be if the analyst is
employed by the removal contractor. It also enables an independent party to be
involved in resolving any problems during the clearance process. Also, it has apractical advantage that all results and certificates for reoccupation can also be
issued directly to the person who has responsibility for the premises, as well as thecontractor.

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Site clearance certification for reoccupation
Duties and roles
434 Employers have duties to:
■■
■■
■■

make sure other people are not exposed to asbestos;
prevent the spread of asbestos;ensure that the premises or parts of premises where work with asbestos
has taken place are thoroughly cleaned.

435 Compliance with these duties is helped by:
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■■
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■■

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■■
■■
■■

thorough cleaning of the work area and areas which may have becomecontaminated;visual inspection of the work area and areas which may have becomecontaminated;
obtaining a clearance certificate for reoccupation of the area and aseparate clearance certificate for the hygiene facility.

436 Site clearance certification for reoccupation should only be done whenwork has been completed and the employer of those who did the work has
made sure the areas requiring clearance assessment have been thoroughly
cleaned and allowed to dry. To do this, employers should follow the guidancein paragraph 459 on checking site condition, job completeness and carryingout a thorough visual inspection. Site clearance certification for reoccupation
should normally be done in four successive stages, with the next stage only
being started when the previous one has been finished.

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17

437 More complex jobs, eg where multi-enclosure clearance is required or where
scaffolding remains on site, may involve an alteration to the clearance sequence.
For example, common areas (such as the transit route and the area around theskip) on multi-enclosure sites would only be thoroughly cleaned when the job isfinally finished.

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Four-stage process for licensable work
438 The four stages of site clearance certification for reoccupation are:
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■■
■■
■■

Stage One – preliminary check of site condition and job completeness;
Stage Two – a thorough visual inspection inside the enclosure/work area;
Stage Three – clearance air monitoring – this is not required for external
work;Stage Four – final assessment post-enclosure/work area dismantling.

439 Where practical, the areas to be assessed should be dry. So sealants(such as PVA) should not be used before any visual inspections or disturbed
air tests. Where it is not practical for the area to be dry (eg where water
occurs naturally) this fact should be recorded before the site clearance
process begins.
440 Occasionally some surfaces or materials, eg concrete, require sealing
before the disturbed air test, because they produce quantities of nonasbestos dust which would lead to an apparent failure in the air test. The useof sealants in this circumstance should only be done under the direction of
the person carrying out the air test and the fact recorded before theclearance process begins.
441 In some circumstances, the floor of an enclosure may be covered with a‘sacrificial’ layer of suitable floor material to prevent damage to the polythene
underneath it, reduce the risk of slips and allow safe use of accessequipment. Dust or debris may have penetrated between the sacrificial layer
and the polythene, and it will be necessary to take up the covering (which
may need to be disposed of as hazardous waste) before site clearance
certification.
442 The extent of the immediate surrounding area will have to be establishedon an individual job basis. Areas near the work area where asbestos may
have spread or that may not have been pre-cleaned before the start of theasbestos work should be included as part of the immediate surrounding area.
These areas should be inspected as part of the four-stage clearance
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certification. Failing to do this may lead to risk of exposure during future workin the premises, because there is still asbestos contamination.

Stage One: Preliminary check of site condition and job
completeness443 The scope of clearance should be established. The plan of work kept at
the work site should be checked and the extent of the clearance being sought
agreed between the analyst and the asbestos removal contractor. The scopeof the clearance should be recorded (eg on a diagram). A note should bemade of any remaining asbestos outside the scope of the work.
444 The work area, enclosure, hygiene facilities, and controls should be
intact, operating and clean, with all ACMs included in the scope of the workand non-essential equipment decontaminated and removed. The hygiene
facilities should remain operable until a certificate for reoccupation has been
issued. The work area, surrounding area, transit route, waste route, together
with the area around the waste disposal storage and all sections of thehygiene facility must be free of obvious asbestos-containing waste and debris
of any kind. If a viewing panel is fitted to the enclosure, this should be looked
through so that a preliminary check can be made of the inside of theenclosure to see whether it contains any waste and debris. The result of
these pre-inspections should be recorded.

Stage Two: Thorough visual inspection
445 A thorough visual inspection should then be carried out to make surethat all visible traces of asbestos and other dust and debris have been
removed, as far as is reasonably practicable, from the enclosure (including
airlocks) or work area. It is important to refer to the plan of work to check that
all the asbestos due to be removed has been removed. To be thorough, thisvisual inspection should consist of the following three checks:
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■■
■■

Guidance17

the completeness of the removal of the ACM from the underlying
surfaces and adjacent areas;
the presence of any visible asbestos debris left inside the enclosure andairlocks or work area where there is no enclosure;the presence of fine settled dust on all surfaces, including high levels.
Surfaces should be checked in hard-to-reach areas, eg high shelved
areas, ceiling voids, door and window lintels etc.

446 The thorough visual inspection is the most important part of the four-stage
clearance process. Take enough time, care and attention to ensure all surfaces
and areas in the work area are thoroughly inspected, in accordance withparagraph 445.
447 Suitable facilities should be made available to enable the inspection to beproperly carried out, eg access platforms, so that higher levels of the enclosure canbe inspected.

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Stage Three: Clearance air monitoring
448 Following successful completion of the thorough visual inspection, andbefore the enclosure is dismantled or the work area handed back to theowner/occupier, carry out air monitoring to check that the concentration of
airborne fibres remaining in areas affected by the work is as low as isreasonably practicable. For enclosures, this is carried out with the enclosure
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intact and dry, but with the negative pressure unit switched off and the prefilter capped and sealed.
449 The monitoring should be accompanied by activities which raise dust
from the surfaces at least to a level consistent with normal use of the areaand possible future work activities.
450 A record should be made of the type of disturbance method and thelength of time it is carried out for. As many areas will subsequently besubjected to normal cleaning activities, air disturbance tests should be
carried out, using a brush to raise potential dust. Any person carrying out air
disturbance must wear appropriate PPE/RPE.
451 For work areas without enclosures, reassurance or background air
testing is more appropriate than a disturbed air test.
452 In most cases it will be reasonably practicable to clean the working area
thoroughly enough for the airborne fibre concentration in the enclosure/work
area, after final cleaning, to be less than 0.01 f/cm3. If measurements of
0.01 f/cm3 or more are found, an investigation will need to be carried out tofind out the cause. If it is found that the enclosure or work area has not beencleaned properly, it must be re-cleaned, visually inspected and remonitored.
453 The threshold of less than 0.01 f/cm3 should be taken only as a transient
indication of site cleanliness, in conjunction with the thorough visualinspection, and not as an acceptable, permanent environmental level.
454 Air monitoring is not required for external work on asbestos, eg soffit
work. However the other three stages of clearance should be followed and acertificate for reoccupation issued when these have been completed.

Guidance

17455 Any investigation into failed airborne tests is likely to be carried out by both thecontractor and the analyst between them.
456 See The analysts’ guide for details of the method to use when undertaking
clearance air sampling.

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Stage Four: Final assessment post-enclosure/work area
dismantling
457 Once the enclosure or work area has passed visual inspection andclearance air monitoring, the enclosure or work area can be dismantled.
Dedicated class H (BS 8520-3:2009) vacuum cleaning equipment fitted withsuitable tools and suitable PPE, including RPE, should be available during
dismantling, so any small amounts of asbestos debris which have become
lodged behind the fabric of the enclosure or within folds in the polythene
sheeting or on the floor underneath can be removed. Once the enclosure orwork area has been dismantled, the area should again be visually inspected
to make sure all debris has been removed.
458 Where there is evidence of dust and debris being released during
dismantling of the enclosure, and this cannot be easily removed by vacuum,
the site should be re-enclosed, recleaned, the visual inspection repeated anda disturbed air test carried out to make sure that the airborne asbestos fibre
concentration is as low as is reasonably practicable, and in any case below
the clearance indicator.

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Clearance for reoccupation certification
459 Taking into account the results of each of the four stages of theclearance process, a certificate for reoccupation should be issued when thearea concerned is deemed to be clean and cleared and suitable for return tothe occupier. The certificate should include details of the site address, thedates and a brief description of the work, the name of the contractor, detailsof the clearance action done under each stage and the specific areas anditems checked, the results of each stage, and the signature of the personcompleting each stage.
Clearance testing of hygiene facilities
460 Once the certificate for reoccupation has been issued for the work area,a clearance test should be carried out on the hygiene facility before it isremoved from the site. The facility should be visually inspected and air tested.
There should be a thorough visual inspection of all sections (ie clean end,
showers and dirty end). The unit, including the shower, should be dry before
the inspection takes place. On successful completion of the visual
examination, a disturbed air test should be performed in the shower and dirty
end. Clearance testing should be performed by a competent person. A
separate clearance certificate should be issued for the hygiene facility. Thiscertificate should be issued to the licensed contractor upon completion of thetest and should be kept with the facility.
Cleanliness and clearance of maintenance areas
461 For premises permanently set aside for the testing and maintenance ofplant and equipment contaminated with asbestos, the measures set out inparagraph 423 should be followed to keep the area clean. There should be aperiodic, thorough visual inspection and disturbed air test to confirm the levelof cleanliness. When such an area is to be used for non-asbestos work, thearea will need to be thoroughly cleaned, the clearance process carried out
and a certificate of reoccupation issued beforehand.

Guidance

17

462 The thorough visual inspection and disturbed air test should be carried out
regularly.

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Duties of those issuing clearance certificates
463 The person who issues the site clearance certificate for reoccupation or
the clearance certificate for the hygiene facility does not have direct duties
under the Regulations. However, people issuing these certificates should
follow this guidance to comply with their duty under section 3 of the HSW Act
to protect the health of people other than their employees. They should also
consider the provision in section 36 of the HSW Act, which may apply if thework they do leads to others who do have duties under the Regulations to failin those duties.
Non-licensable work with enclosures
464 For some large-scale non-licensable work with asbestos, a full enclosure
may be required to prevent or reduce spread of asbestos, eg the removal of
textured coatings.
465 Once the work in these enclosures is complete, the area should bethoroughly cleaned before it is returned to the occupier. All visible traces ofdust and debris should be removed before the enclosure is dismantled. A
thorough visual inspection should be carried out.
466 Clearance air monitoring is not required as part of the clearance
procedures and an independently provided certificate for reoccupation is notneeded. The occupier should be provided with a written statement stating
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that the area has been thoroughly cleaned and visually inspected to makesure that no visible traces of dust and debris remain and the area is suitable
for reoccupation.
467 The statement should include:
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■■
■■
■■
■■
■■

Guidance17

the site address;
the dates of the work;a brief description of the work;
the name and address of the contractor;
details of the specific areas and items visually checked;
the name and signature of the person completing the inspection.

468 More information on clearance procedures for non-licensable work is given in
Asbestos essentials.

Regulation 18 Designated areas
SummaryThis regulation requires employers to make sure that areas where asbestos work
is being carried out are separated, clearly marked, and restricted to thoserequired to work in the area. It also requires the employer to provide suitablefacilities for employees to eat and drink.

Regulation

18(1) Every employer must ensure that any area in which work under thecontrol of that employer is carried out is designated as—(a)(b)

an asbestos area, subject to regulation 3(2), where any employee would
be liable to be exposed to asbestos in that area; anda respirator zone where the risk assessment cannot clearly demonstratethat the control limit will not be exceeded.

(2) Asbestos areas and respirator zones must be clearly and separately
demarcated and identified by notices indicating—(a)(b)

that the area is an asbestos area or a respirator zone or both, as thecase may be; andin the case of a respirator zone, that the exposure of an employee whoenters it is liable to exceed the control limit and that respiratory protective
equipment must be worn.

(3) The employer must not permit any employee, other than an employee
who is required for work purposes to be in an area designated as an asbestos area
or a respirator zone, to enter or remain in any such area and only employees whoare so permitted shall enter or remain in such an area.
(4)

Every employer must ensure that only competent employees—

(a)
(b)

enter a respirator zone; andsupervise any employees who enter a respirator zone,

and for the purposes of this paragraph, a competent employee means an employee
who has received adequate information, instruction and training.

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(5)

Every employer must ensure that—(a)the employer’s employees do not eat, drink or smoke in an area
designated as an asbestos area or a respirator zone; andarrangements are made for such employees to eat or drink in some otherplace.

(b)

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469 All areas where there is asbestos work should be segregated andmarked with suitable warning notices as asbestos areas, subject to the
exemptions provided in regulation 3(2).
470 For licensable work, the work will, most likely, take place in an
enclosure. However, where an enclosure is not used, employers should still
give adequate consideration to prevent unprotected people from approaching
the disturbance work in the asbestos area. It should still be designated anasbestos area and temporary barriers/roping off will be needed.
471 Any area where an employee may be exposed to asbestos to a level
which may exceed the control limit must be designated as a respirator zone.
Respirator zones, whether enclosed or not, must be segregated and marked
up with suitable warning notices, including notices that RPE must be worn.
472 All licensable work with asbestos should be carried out in an area
designated as a respirator zone and an asbestos area.
473 Where it is not necessary to segregate an asbestos area (due to the
exemptions in regulation 3(2)) or to designate a respirator zone (because thecontrol limit will not be exceeded, or is not liable to be exceeded), RPE will
still be required unless it is not reasonably practicable.

Guidance18474 In cases where the work area is to be in an enclosure, place warning notices
on the airlock and enclosure walls. In the absence of an enclosure, establish thework area using ropes or barriers at a suitable distance. Place warning notices atsuitable locations around the work area and at the entrance.
475 In many situations, the asbestos area and respirator zones will be the same,eg for licensable work carried out in an enclosure. However, in certain
circumstances, where work is being carried out in a respirator zone, it may benecessary to mark out a larger asbestos area outside the respirator zone to keeppeople away from the area.

ACOP

18

476 As an employer, ensure the following. For work in an asbestos area or
respirator zone:
■■
■■

■■
■■

Guidance

18

employees should only enter and remain in an asbestos area or
respirator zone if they need to do so to carry out their work;
employees must have received adequate information, instruction andtraining, so they are competent to enter a respirator zone and supervise
any employees in their charge who enter a respirator zone;
people undergoing training may enter a respirator zone, provided they
are under the direct supervision of a competent person;
employees entering a respirator zone must wear RPE.

477 Other essential personnel, such as analysts, tradespeople and the emergency
services may enter a respirator zone, provided they have received adequate
information, instruction and training and are wearing adequate RPE and PPE.

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478 Employers should make sure that food and drink is never consumed in
an asbestos area or respirator zone. Employers should provide an area to eat
and drink (for licensable work this should be located as close as is reasonably
practicable to the hygiene facilities).

Regulation 19 Air monitoring
SummaryThis regulation requires employers to arrange regular monitoring of airborne
asbestos fibres and keep records of the results. It sets out how long the records
should be kept and that they should be made available to employees or the
regulator as required.

Regulation

19(1) Subject to paragraph (2), every employer must monitor the exposure toasbestos of any employees employed by that employer by measurement ofasbestos fibres present in the air—(a)(b)

at regular intervals; andwhen a change occurs which may affect that exposure.

(2)

Paragraph (1) does not apply where—

(a)
(b)

the exposure of an employee is not liable to exceed the control limit; orthe employer is able to demonstrate by another method of evaluationthat the requirements of regulation 11(1) and (5) have been complied
with.

(3)

The employer must keep a suitable record of—

(a)
(b)

monitoring carried out in accordance with paragraph (1); or
where it is decided that monitoring is not required because paragraph2(b) applies, the reason for that decision.

(4) The record required by paragraph (3), or a suitable summary thereof,
must be kept—(a)(b)

in a case where exposure is such that a health record is required to be
kept under regulation 22 for at least 40 years; orin any other case, for at least 5 years,

from the date of the last entry made in it.
(5)

In relation to the record required by paragraph (3), the employer must—(a)on reasonable notice being given, allow an employee access to thepersonal monitoring record for that employee;
provide the Executive with copies of such monitoring records as the
Executive may require; andif that employer ceases to trade, notify the Executive without delay inwriting and make available to the Executive all monitoring records kept bythat employer.

(b)
(c)

ACOP

19

479 Personal sampling/air monitoring is required for a representative range
of jobs and work methods to protect the health of employees. It should bedone at regular intervals and when there is a change which may affectexposure.
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480 Where groups of employees are doing the same type of work in similar
conditions, sampling can be carried out on a group basis. Individuals chosen
for sampling in a group should be selected at random.
481 Personal sampling/air monitoring involves:
■■
■■

■■

checking the concentrations of airborne asbestos employees are
exposed to;confirming the adequacy of the controls and RPE, ie whether the RPE
chosen provides the appropriate degree of protection where the level ofasbestos fibres in air exceeds, or is liable to exceed, the control limit ora peak level measured over 10 minutes of 0.6 f/cm3;
establishing employee exposure records.

Employee exposure records
482 All records of air monitoring should state the employer’s business nameand address, the site address where appropriate and the date of air
monitoring, and should also include:
■■
■■
■■
■■
■■
■■
■■
■■
■■

the type of work being done and, where relevant, its exact location;
the type of sample, eg personal, static, clearance etc;
the location of any static sampler;
the date and time of sampling, the sample duration and the flow rate;
if a personal sample, the employee’s name, the task being performed
and the category of RPE being worn;
the length of time individuals are exposed;
the measured fibre concentration;
the fibre type, if known;
the names and organisations of the sampler and analyst and thesampling and analysis method used.

483 Records of air monitoring or a suitable summary must be kept forfive years, except that, where employees are under medical surveillance,
employers must keep the records or summary to supplement the healthrecord for 40 years. Any summary of results should contain enoughinformation about airborne fibre levels to allow individual average exposuresfor different types of work to be estimated as accurately as possible.
484 Employers should consult employees, safety representatives orrepresentatives of employee safety when making arrangements formonitoring.
485 On reasonable notice being given, the records or summary of theairborne fibre monitoring must be made available to employees.

Guidance

19

486 The results from all personal monitoring carried out by the licensed asbestos
removal contractor during the period of the licence should be collated andsubmitted to HSE as part of the licence renewal procedure.

ACOP

19

Sampling
487 Analysis must be undertaken using the 1997 World Health Organisation(WHO) recommended method.

Guidance

19488 Further information and guidance on the sampling strategy, the methods forsampling and analysis and the reporting of results of air monitoring can be found in
The analysts’ guide.
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19489 If employers decide air monitoring is no longer necessary, they should list thevalues and sources of information about the likely concentrations of asbestos in air
for the activities and tasks being carried out. This should include previous air
monitoring data on employees from the same or a similar type of removal job or
relevant published data (for instance similar activities with similar material being
disturbed, as given in The licensed contractors’ guide).

Regulation 20 Standards for air testing and site
clearance certification
SummaryThis regulation requires employers performing their own air testing to do it in a
way that meets the criteria as set out in ISO 17025. It also requires employers tomake sure that any person they engage to perform asbestos air testing and site
clearance is competent and accredited by the appropriate accreditation body.

Regulation

20(1) In paragraph (4), “site clearance certificate for reoccupation” means acertificate issued to confirm that premises or parts of premises where work withasbestos has been carried out have been thoroughly cleaned upon completion ofthat work in accordance with regulation 17(b).
(2) Every employer who carries out any measurement of the concentration ofasbestos fibres present in the air must ensure that criteria are met which areequivalent to those set out in the paragraphs of ISO 17025 which coverorganisation, quality systems, control of records, personnel, accommodation andenvironmental conditions, test and calibration methods, method validation,equipment, handling of test and calibration items, and reporting results.
(3) Every employer who requests a person to carry out any measurement of
the concentration of asbestos fibres present in the air must ensure that that personis accredited by an appropriate body as competent to perform work in compliancewith ISO 17025.
(4) Every employer who requests a person to assess whether premises orparts of premises where work with asbestos has been carried out have beenthoroughly cleaned upon completion of that work and are suitable for reoccupationsuch that a site clearance certificate for reoccupation can be issued must ensurethat that person is accredited by an appropriate body as competent to perform
work in compliance with the paragraphs of ISO 17020 and ISO 17025 which coverorganisation, quality systems, control of records, personnel, accommodation andenvironmental conditions, test and calibration methods, method validation,equipment, handling of test and calibration items, and reporting results.
(5) Paragraphs (2) and (3) do not apply to work carried out in a laboratory
for the purposes only of research.

ACOP

20

490 Those measuring asbestos fibres in air including, for the purposes of
employee exposure monitoring, must take all reasonable steps to establishthat they work in conformity with specified requirements in ISO 17025 throughaccreditation with a recognised accreditation body. Employers engaging suchpeople must take all reasonable steps to establish that accreditation iscurrently valid.

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491 Employers performing their own measurements of asbestos fibres in air
or of employee exposure should make sure that the work is performed andrecorded and assessed by people with suitable training, supervision andquality control systems to enable the results to be equivalent in accuracy tothose achieved under ISO 17025.
492 Similarly, those carrying out site clearance certification of work areas
before handover for normal reoccupation must demonstrate that they
conform with the specified requirements in ISO 17020 and ISO 17025 throughaccreditation with a recognised accreditation body.

Guidance

20

493 There are two aspects to the application of this regulation:■■■■

circumstances where the occupier, as an employer, decides they have thecompetence to carry out air sampling in house without engaging a third party(regulation 20(2));
where an occupier or employer engages a commercial analyst(regulation 20(3)(4)).

494 In the first case, the in-house work may be done without accreditation by an
external body. But the effect of the regulation is to require that the measurement
work is done to a standard equivalent to that used by accredited people, who must
be used if an employer engages outside help.
495 The United Kingdom Accreditation Service (UKAS) is currently the sole
recognised accreditation body in Great Britain. It is recommended that employers
who contract analysts should actively search the UKAS website to identify
accredited organisations to safeguard their interests. This will give an assurance ofaccreditation and an element of independence.

Regulation 21 Standards for analysis
SummaryThis regulation requires employers performing their own analysis of material tocheck for asbestos in a way that meets the criteria set out in ISO 17025. It also
requires employers to make sure any person they engage to perform analysis isaccredited to ISO standard by the appropriate body.

Regulation

21(1) Every employer who analyses a sample of any material to determine
whether it contains asbestos must ensure that criteria equivalent to those set out inthe paragraphs of ISO 17025 which cover organisation, quality systems, control ofrecords, personnel, accommodation and environmental conditions, test andcalibration methods, method validation, equipment, handling of test and calibration
items, and reporting results are met.
(2) Every employer who requests a person to analyse a sample of any
material taken to determine whether it contains asbestos must ensure that that
person is accredited by an appropriate body as competent to perform work incompliance with ISO 17025.
(3) Paragraphs (1) and (2) do not apply to work carried out in a laboratory
for the purposes only of research.

ACOP

21

496 Employers engaging people to analyse samples of materials todetermine whether or not they contains asbestos must take reasonable steps
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to establish that they have a valid accreditation to ISO 17025 from arecognised accreditation body.
497 Employers performing their own analysis of samples should make surethat the work is performed, recorded and assessed by people equipped withsuitable training, supervision and quality control systems, so the results areequivalent in accuracy to those achieved under ISO 17025.

Guidance

21

498 The United Kingdom Accreditation Service (UKAS) is currently the sole
recognised accreditation body in Great Britain. It is recommended that employers
who contract analysts should actively search the UKAS website to identify
accredited organisations to safeguard their interests. This will give an assurance ofaccreditation and an element of independence.

Regulation 22 Health records and medical
surveillance
SummaryThis regulation requires employers to arrange appropriate medical examinations
for any employees who carry out licensable work or NNLW. It also sets out what
health records employers must keep and for how long.

Regulation

22

(1)

For licensable work with asbestos every employer must ensure that—(a)a health record is maintained and contains particulars approved by the
Executive for all of that employer’s employees who are exposed toasbestos; andthat record, or a copy of that record is kept available in a suitable form
for at least 40 years from the date of the last entry made in it; andeach employee who is exposed to asbestos is under adequate medical
surveillance by a relevant doctor.

(b)
(c)
(2)

The medical surveillance required by paragraph (1)(c) must include—(a)a medical examination not more than 2 years before the beginning ofsuch exposure; andperiodic medical examinations at intervals of at least once every 2 years
or such shorter time as the relevant doctor may require while such
exposure continues,(b)and each such medical examination must include a specific examination of thechest.
(3) For work with asbestos, which is not licensable work with asbestos, andis not exempted by regulation 3(2), the requirements in paragraphs (1)(a) to (c)apply and—
(a)
(b)
(c)

a medical examination in accordance with paragraph (1)(c) and (2)(a)must take place on or before 30 April 2015;
on or after 1 May 2015, a medical examination in accordance withparagraph (1)(c) and (2)(a) must take place not more than 3 years before
the beginning of such exposure; anda periodic medical examination in accordance with paragraph (1)(c) and(2)(b) must take place at intervals of at least once every 3 years, or such
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shorter time as the relevant doctor may require while such exposure
continues.
(4) Where an employee has been examined in accordance with paragraph(1)(c), the relevant doctor must issue a certificate to the employer and employee
stating—(a)(b)

that the employee has been so examined; andthe date of the examination,and the employer must keep that certificate, or a copy of that certificate for at least
4 years from the date on which it was issued.
(5) An employee to whom this regulation applies must, when required bythat employee’s employer and at the cost of that employer, attend during theemployee’s working hours such examination and undertake such tests as may berequired for the purposes of paragraph (1)(c) and must furnish the relevant doctorwith such information concerning that employee’s health as the relevant doctor may
reasonably require.
(6) Where, for the purpose of carrying out functions under theseRegulations, a relevant doctor requires to inspect any record kept for the purposesof these Regulations, the employer must permit that doctor to do so.
(7) Where medical surveillance is carried out on the premises of theemployer, the employer must ensure that suitable facilities are made available forthe purpose.
(8)

The employer must—(a)on reasonable notice being given, allow an employee access to that
employee’s personal health record;
provide the Executive with copies of such personal health records as the
Executive may require; andif the employer ceases to trade notify the Executive without delay inwriting and make available to the Executive all personal health records
kept by that employer.

(b)
(c)

(9) Where, as a result of medical surveillance, an employee is found to havean identifiable disease or adverse health effect which is considered by a relevant
doctor to be the result of exposure to asbestos at work, the employer of that
employee must—
(a)
(b)
(c)
(d)
(e)

ensure that a suitable person informs the employee accordingly andprovides the employee with information and advice regarding further
medical surveillance;
review the risk assessment;
review any measure taken to comply with regulation 11 taking into
account any advice given by a relevant doctor or by the Executive;
consider assigning the employee to alternative work where there is norisk of further exposure to asbestos, taking into account any advice given
by a relevant doctor; andprovide for a review of the health of every other employee who has been
similarly exposed, including a medical examination (which must include a
specific examination of the chest) where such an examination isrecommended by a relevant doctor or by the Executive.

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499 Employers must keep a health record for any employee who carries out
work notifiable as either licensable or NNLW. The information must be kept
for 40 years in a safe place.
500 For licensable work and NNLW, the health record should be kept in asuitable form, which will allow each employee access, on request, to theirown records. For licensable work it should contain the following:
■■
■■

■■
■■
■■

each employee’s surname and first names, sex, date of birth, permanent
address, post code and National Insurance number;a record of the types of work carried out involving asbestos, and, where
relevant, its location, with start and end dates, with the average durationof exposure in hours per week, exposure levels and details of any RPE
used;a record of any work with asbestos before current employment, if theemployer has been informed;
dates of the medical examinations under the Regulations;a recording and planning system which brings forward the next required
examination date for each individual.

501 For NNLW, the employer must:■■■■enter the employees carrying out the work in a register or record,
indicating the nature and duration of the activity and the exposure towhich they have been subjected;
have a recording and planning system which records the date of the last
examination and brings forward the next required medical examination
date for each individual.

Medical examinations for licensable work
502 Anyone who carries out licensable work must have been medicallyexamined in the past two years by a doctor individually appointed by HSE forthat purpose (an ‘appointed doctor’).
503 For licensable work, employers should obtain certificates of examination
for all employees, including those stating they have been examined in thepast two years; appropriate authentication must be done with the earlier
employer or the examining appointed doctor.
504 A medical examination should be repeated every two years (or within ashorter time if advised by a doctor), but only while the employee continues to
do or expects to continue to do licensable work. The examination must be
carried out by an HSE appointed doctor.

Medical examinations for NNLW
505 Employees who carry out any NNLW must have a medical examination
on or before 30 April 2015. From 1 May 2015, anyone carrying out NNLW
should have been medically examined under the Regulations in the past three
years.
506 After the first medical, an examination should be repeated every three
years (or a shorter time if advised by a doctor), but only while the employee
continues to do or expects to continue to do NNLW. For NNLW, theexamination does not have to be carried out by an HSE-appointed doctor, it
may be carried out by a non-HSE-appointed doctor, such as a local generalpractitioner.
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Further information on medical examinations
507 Medical examinations for licensable work and NNLW should:
■■
■■
■■

Guidance

22

take place in the employee’s normal working time. Employees should
co-operate if they are sent for such an examination;
be at the employer’s expense, including travel, lost working time and thedoctor’s fee;
trigger a review of all methods of work, risk assessments, and co-worker
health if an employee is diagnosed with an asbestos-related condition.
The affected worker may need further medical and managerial
redeployment assessment if continuing in current tasks might endanger
themselves or others.

Health records
508 Health records kept for the purposes of regulation 22 are not the same as the
medically confidential examination record, kept by a doctor in line with medical
practice. The health record kept by the employer only contains the information set
out in paragraphs 500–501.
509 Because an asbestos-related disease may not be diagnosed until many years
after exposure to asbestos occurs, health records should be kept for 40 years after
the date of last entry or until the employee concerned reaches the age of 80,
whichever is the longer period. The records should be kept even if the employee
leaves the employer.
510 Employers may make their own arrangements for keeping the data, but
records should be kept so they allow employers to form a view of the typicaldegree and duration of each employee’s exposure to asbestos during the time they
worked for the employer. It is acceptable to estimate exposures provided thoseestimates are informed, ie based on similar tasks on similar ACMs.
511 Employee representatives or elected safety representatives should be
consulted on the arrangements for keeping the data.
512 Individual employees are entitled to see their health records on request.
Doctors should also be given access to the records, where this is relevant.
513 There is guidance for doctors carrying out asbestos medicals in Guidance forappointed doctors on the Control of Asbestos Regulations 2012: Medical
surveillance for workers carrying out licensed work with asbestos15 and Guidancefor doctors on the Control of Asbestos Regulations 2012: Medical surveillance forworkers carrying out non-licensed work with asbestos.16
514 There is a searchable database of appointed doctors on the HSE website atwww.hse.gov.uk/doctors/index.htm.

Certificates of examination
515 Certificates of examination should be issued to both employee and employer
and indicate the date an examination was carried out under regulation 22. For new
employees, the employer should verify that the employee has had an examination in
the previous two years for licensable work and in the previous three years for
NNLW (after 1 May 2015). If necessary, they need to confirm the validity of acertificate with the previous employer or examining doctor. Certificates should be
kept on file by the employer for at least four years from the date of issue.
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Other health surveillance requirements
516 The medical examination under the Regulations is not an indication of general
fitness to work, such as doing strenuous removal activities or removal in confined
spaces. In addition to the medical examination required for work with asbestos,health surveillance may also be required under the Management of Health and
Safety at Work Regulations 1999. In addition, if an employee is undertaking work in
confined spaces to which the Confined Spaces Regulation 199717 apply, medical
advice on an employee’s suitability to do this kind of work may also be needed.
517 There is further guidance on health surveillance matters on the HSE website atwww.hse.gov.uk/health-surveillance.
518 If an employer has concerns about the general fitness for work of an
employee, they should consider formally arranging for a fitness-for-workexamination to be carried out, in addition to the asbestos medical.

Regulation 23 Washing and changing facilities
SummaryThis regulation requires employers to provide suitable and sufficient washing,changing and storage facilities for employees, and sets out the specificrequirements for hygiene facilities for licensable work.

Regulation

23(1) Every employer must ensure that the following are provided to any of that
employer’s employees who is exposed to asbestos—
(a)
(b)

(c)

adequate washing and changing facilities;
where an employer is required to provide protective clothing, adequate
facilities for the storage of—(i)that protective clothing, and(ii) personal clothing not worn during working hours; andwhere an employer is required to provide respiratory protective
equipment, adequate facilities for the storage of that equipment.

(2)

The facilities provided under paragraph (1) for the storage of—

(a)
(b)
(c)

personal protective clothing;personal clothing not worn during working hours; andrespiratory protective equipment,

must be separate from each other.

ACOP

23

519 The type and extent of washing and changing facilities provided should
be determined by the type and amount of exposure indicated by the risk
assessment.
520 Suitable facilities should be provided, including:
■■
■■
■■
■■

toilet facilities;
facilities for washing and changing for non-licensable work;
full hygiene facilities for licensable work;
an area to eat and drink (for licensable work these should be located as
close as is reasonably practicable to the hygiene facilities).

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Hygiene facilities for licensable work
521 For licensable work, suitable and sufficient hygiene facilities must be
provided to enable employees working with asbestos to be able to clean anddecontaminate themselves. This is to prevent the spread of asbestos andreduce the risk of exposure of others. Suitable hygiene facilities, whether
purpose built on site or a transportable dedicated decontamination unit
(DCU), must be provided on the site and be fully operational before any work
(including ancillary work) starts.
522 The hygiene facilities will need to have separate changing rooms fordirty, contaminated work clothing and for clean or personal clothing – known
as ‘dirty’ and ‘clean’ areas respectively. The showers should be locatedbetween the two changing rooms, so that it is necessary to pass throughthem when going from one changing area to the other. All doors between
each room and those leading to the outside from the ‘dirty end’ should be
self-closing and provide an airtight seal. The ‘clean’ and ‘dirty’ ends should
be fitted with adequate seating and be large enough to change in.
523 Hygiene facilities also need to be designed so they can be cleaned easily
and:
■■

■■

■■
■■
■■

■■

■■

■■
■■
■■

■■
■■

be fitted with effective air extraction equipment which maintains a flowof air from the clean to the dirty areas. The extracted air must bedischarged through a high efficiency particulate arrest (HEPA) filter;be adequately heated – any gas heater mounted inside the unit must bea room-sealed type; open-flue types must not be used. All gas
appliances and fittings should be maintained in a safe condition by acompetent person;
be adequately lit (with suitable light switches at both the ‘clean’ and‘dirty’ ends);
have suitable internal vents so that air can pass through the unit;
be big enough, including allowance for enough separate storage for
personal clothing and protective clothing and equipment in the ‘clean’end and enough suitable containers for contaminated clothing, towels,
filters etc in the ‘dirty’ end and shower area;
have showers with an adequate supply of clean running hot and cold or
warm water, at a suitable pressure. Sufficient soap or gel, shampoo, nailbrushes and individual dry towels must be provided for asbestos
workers and for any other person who may need to use the facilities fordecontamination;
have shower areas big enough to allow thorough decontamination andhave means to support the power pack of a full-face respirator while it isstill required to be worn (the power pack support should be out of thedirect line of the shower to avoid contact with water and prevent
damage to the batteries);
have all waste water filtered before it is discharged to the drains. All
filters should be treated as asbestos waste;
have a wall-mounted mirror in the clean end of the unit;
have the electricity supply routed via a 30 mA residual current circuitbreaker fitted at the point of entry into the unit, and the unit must be
effectively earthed when in use. The electrical fittings and installationmust be suitable for use in the facility and maintained in a safe condition
by a competent person;
be sufficient for the number of people likely to need them;be maintained in a safe condition and kept clean as far as is reasonably
practicable.
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524 Maintenance records for DCUs (or copies of them) should be kept onsite. The hygiene facility should remain operational and not leave the site until
the job is complete and the certificate of reoccupation has been issued.

Regulation 24 Storage, distribution and labelling of
raw asbestos and asbestos waste
SummaryThis regulation requires employers to make sure that raw asbestos and asbestos
waste is properly packaged, labelled, stored and transported.

Regulation

24(1) Every employer who undertakes work with asbestos must ensure thatraw asbestos or waste which contains asbestos is not—
(a)
(b)
(c)

stored;received into or despatched from any place of work; ordistributed within any place of work, except in a totally enclosed
distribution system,

unless it is in a sealed receptacle or, where more appropriate, sealed wrapping,clearly marked in accordance with paragraphs (2) and (3) showing that it contains
asbestos.
(2) Raw asbestos must be labelled in accordance with the provisions of
Schedule 2.
(3)

Waste containing asbestos must be labelled—(a)where the Carriage of Dangerous Goods and Use of Transportable
Pressure Equipment Regulations 2009 apply, in accordance with those
Regulations; andin any other case in accordance with the provisions of Schedule 2.

(b)

Guidance

24

Management of asbestos waste
525 Asbestos waste describes asbestos products or materials that are ready fordisposal, including building materials, dust, rubble, disposable PPE, rags used forcleaning and used tools that cannot be properly decontaminated.

ACOP

24

526 When packing asbestos waste:
■■
■■

■■
■■
■■

it should be securely sealed in suitable, labelled bags, wrapping or
packaging as it is produced;
any bags, wrapping or packaging used must be designed, constructed
and maintained to make sure that no asbestos fibres can be released
during handling or transport;
for most waste, double plastic sacks are suitable, provided they will not
split during normal use;
stronger packages must be used if the waste contains sharp metalfragments or other materials that could puncture plastic sacks;
any waste where the escape of hazardous quantities of respirable
asbestos fibres can occur during carriage should be placed in
UN-approved packaging. This is available in up to 2 tonnes capacity.
(This does not apply to asbestos cement or textured decorative
coatings.)
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527 When filling bags:
■■
■■
■■

make sure that the inner bag is not overfilled, especially when the debris
is wet, and each bag can be securely tied or sealed;
exclude air from the bag as far as possible before sealing. Precautions
will need to be taken as the exhaust air may be contaminated;
where practicable, the sealed packaging should be cleaned before it isremoved from the work area or enclosure.

528 If the asbestos waste is not to be disposed of immediately, the sealed
bags and packages should be locked in a suitable and clearly marked storage
area, ie a lockable skip.
Large asbestos waste items
529 Wherever practicable, large items of rigid ACM such as sheets ofasbestos cement and textured coatings attached to a board should not be
broken up or cut down for disposal in plastic sacks.
530 The intact rigid waste should be double wrapped in suitable polythene
sheeting (1000 gauge or equivalent) or other suitable material and labelledaccordingly.
531 If the asbestos waste is not to be disposed of immediately, the wrappedpackage should be placed in a suitable and clearly labelled sealed receptacle,such as a lockable skip or freight container.

Transporting asbestos waste
532 Bags, wrapping or packaging containing asbestos waste should beappropriately labelled and transported to a licensed disposal site. A list of
disposal sites is available from local authorities.
533 Asbestos waste should be transported in an enclosed vehicle, skip or
freight container.
534 A suitable receptacle should be used to transport the asbestos waste to
make sure that the bags, wrapping and packaging cannot become damaged
or open up and release asbestos material or asbestos fibres during transit.
535 Asbestos waste must be transported in accordance with the specificrequirements of the Hazardous Waste Regulations in England and Wales18
and the Special Waste Regulations in Scotland.19

Labelling asbestos waste
536 Asbestos waste must be labelled:■■■■

Guidance

24

in accordance with the Carriage of Dangerous Goods and Use of
Transportable Pressure Equipment Regulations 200920 where those
Regulations apply; orwhere those Regulations do not apply, in accordance with Schedule 2 of
the Regulations.

Sorting waste
537 A waste processing licence may be required from the relevant environment
agency for some waste management activities such as sorting ACMs from otherdebris.
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Regulation 25 Interpretation of prohibitions
Regulation

25

(1)

In this Part—“asbestos spraying” means the application by spraying of any material containing
asbestos to form a continuous surface coating;“extraction of asbestos” means the extraction by mining or otherwise of asbestos
as the primary product of such extraction, but does not include extraction which
produces asbestos as a by-product of the primary activity of extraction; and“supply” means supply by way of sale, lease, hire, hire-purchase, loan, gift or
exchange for a consideration other than money, whether (in all cases) as principal
or as agent for another.
(2) Any prohibition imposed on any person by this Part applies only to acts
done in the course of a trade, business or other undertaking (whether for profit ornot) carried on by that person.
(3) Where in this Part it is stated that asbestos has intentionally been added
to a product or is intentionally added, it will be presumed where—(a)(b)

asbestos is present in any product; andasbestos is not a naturally occurring impurity of that product, or of any
component or constituent of that product,that the asbestos has intentionally been added or is intentionally added, as the casemay be, subject to evidence to the contrary being adduced in any proceedings.

Regulation 26 Prohibitions of exposure to asbestos
Regulation

26(1) A person must not undertake asbestos spraying or working proceduresthat involve using low-density (less than 1g/cm³) insulating or soundproofing
materials which contain asbestos.
(2) Every employer must ensure that no employees are exposed to asbestos
during the extraction of asbestos.
(3) Every employer must ensure that no employees are exposed to asbestos
during the manufacture of asbestos products or of products containing intentionallyadded asbestos.

Regulation 27 Labelling of products containing
asbestos
Regulation

27(1) Subject to paragraph (2), a person must not supply under an exemption
granted pursuant to regulation 29 or regulation 30 a product which contains
asbestos unless that product is labelled in accordance with the provisions of
Schedule 2.
(2) Where a component of a product contains asbestos, in order to comply
with this regulation that component must be labelled in accordance with theprovisions of Schedule 2 except that where the size of that component makes it
impossible for a label to be fixed to it, neither that component nor the product needbe labelled.
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Regulation 28 Additional provisions in the case of
exceptions and exemptions
Regulation

28(1) Where under an exemption granted pursuant to regulation 29 or
regulation 30 asbestos is used in a work process or is produced by a work
process, the employer must ensure that the quantity of asbestos and materials
containing asbestos at the premises where the work is carried out is reduced to as
low a level as is reasonably practicable.
(2) Subject to paragraph (3), where under an exemption granted pursuant toregulation 29 or regulation 30 a manufacturing process which gives rise to asbestos
dust is carried out in a building, the employer must ensure that any part of thebuilding in which the process is carried out is—(a)(b)

so designed and constructed as to facilitate cleaning; andis equipped with an adequate and suitable vacuum cleaning system
which must, where reasonably practicable, be a fixed system.

(3) Paragraph (2)(a) does not apply to a building in which, prior to 1st March
1988, there was carried out a process to which either—(a)(b)

as then in force, regulation 13 of the Asbestos Regulations 1969 applied
and the process was carried out in compliance with that regulation; orthat regulation did not apply.

Regulation 29 Exemption certifications
Regulation

29(1) Subject to paragraph (3), the Executive may, by a certificate in writing,exempt any person or class of persons or any product containing asbestos or classof such products from all or any of the requirements or prohibitions imposed byregulations 4, 8, 12, 13, 21 and 22(5) and (7) and any such exemption may be
granted subject to conditions and to a limit of time and may be varied or revokedby a further certificate in writing at any time.
(2) Subject to paragraph (3), the Executive may exempt emergency services
from all or any of the requirements or prohibitions imposed by regulations 7 and 9;
and any such exemption may be granted subject to conditions and to a limit of timeand may be varied or revoked by a further certificate in writing at any time.
(3) The Executive must not grant any exemption under paragraph (1) or (2)unless having regard to the circumstances of the case and in particular to(a)(b)

the conditions, if any, which it proposes to attach to the exemption; andany other requirements imposed by or under any enactments which
apply to the case,

it is satisfied that the health or safety of persons who are likely to be affected by the
exemption will not be prejudiced in consequence of it.

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Regulation 30 Exemptions relating to the Ministry of
Defence
Regulation

30

The Secretary of State for Defence may, in the interests of national security, exempt
any person or class of persons from the prohibition imposed by Part 3 of theseRegulations by a certificate in writing, and any such exemption may be granted
subject to conditions and to a limit of time and may be varied or revoked by afurther certificate in writing at any time.

Regulation 31 Extension outside Great Britain
Regulation

31

These Regulations apply to any work outside Great Britain to which sections 1 to
59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Worketc. Act 1974 (Application Outside Great Britain) Order 2001 as they apply to workin Great Britain.

Regulation 32 Existing licences and exemption
certificates
Regulation

32(1) An existing licence granted by the Executive under regulation 8(2) of theControl of Asbestos Regulations 2006 shall—
(a)
(b)
(c)

continue to have effect as if it had been granted under regulation 8(2) ofthese Regulations;be of the duration and subject to the conditions specified in it as if thatduration and those conditions had been specified under regulation 8(3);andbe liable to variation and revocation under regulation 8(4) and (5),and any requirement in such a licence concerning notification or any exception tosuch a requirement has effect as a requirement for notification under regulation 9,
or as an exception to such a requirement under regulation 3(2) of theseRegulations.
(2) An existing exemption granted by the Executive under regulation 7(1) of
the Asbestos (Licensing) Regulations 1983, regulation 8(1) of the Asbestos(Prohibitions) Regulations 1992, regulation 25(1) of the Control of Asbestos at Work
Regulations 2002 or regulation 32 of the Control of Asbestos Regulations 2006
continues to have effect and be subject to any limitation of time or any conditions
specified in it and liable to revocation as if it had been granted under regulation
29(1) or (2) of these Regulations.
(3) An existing exemption granted by the Secretary of State for Defence
under regulation 8(3) of the Asbestos (Prohibitions) Regulations 1992 or regulation
33 of the Control of Asbestos Regulations 2006 continues to have effect and be
subject to any limitation of time or any conditions specified in it and liable torevocation as if it had been granted under regulation 30 of these Regulations.

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Regulation 33 Revocations and savings
Regulation

33

(1)

The Control of Asbestos Regulations 2006 are revoked.

(2)

The amendments listed in Schedule 3 will have effect.

(3) Any record or register required to be kept under the Regulations revokedeither by paragraph (1), or by any of the Regulations revoked by regulation 36(1) of
the Control of Asbestos Regulations 2006 or by regulation 27(1) of the Control ofAsbestos at Work Regulations 2002 shall, notwithstanding that revocation, be kept
in the same manner and for the same period as specified in those Regulations as if
these Regulations had not been made, except that the Executive may approve thekeeping of records at a place or in a form other than at the place where, or in theform in which, records were required to be kept under the Regulations so revoked.

Regulation 34 Defence
Regulation

34(1) Subject to regulation 21 of the Management of Health and Safety at
Work Regulations 1999, in any proceedings for an offence consisting of acontravention of Part 2 of these Regulations, it is a defence for any person to provethat all reasonable precautions were taken and all due diligence was exercised bythat person to avoid the commission of that offence.

Regulation 35 Review
Regulation

35

(1)

The Secretary of State must from time to time—

(a)
(b)
(c)

carry out a review of regulations 1 to 34;
set out the conclusions of the review in a report; andpublish the report.

(2) In carrying out the review the Secretary of State must, so far as isreasonable, have regard to how Council Directive 2009/148/EC which repealed andreplaced Council Directive 83/477/EEC as amended by Council Directive 91/382/
EEC and Directive 2003/18/EC of the European Parliament and of the Council, on
the protection of workers from the risks of exposure to asbestos at work (which is
implemented by means of regulations 1 to 34), is implemented in other Member
States.
(3)

The report must in particular—(a)

set out the objectives intended to be achieved by the regulatory systemestablished by those regulations;assess the extent to which those objectives are achieved; andassess whether those objectives remain appropriate and, if so, the extent
to which they could be achieved with a system that imposes lessregulation.

(b)
(c)

(4) The first report under this regulation must be published before the end of
the period of five years beginning with the day on which regulations 1 to 34 comeinto force.
(5) Reports under this regulation are afterwards to be published at intervals
not exceeding five years.

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Schedule 1 Particulars to be included in a notification

Schedule

1

The following particulars are to be included in a notification made in accordancewith regulation 9, namely—
(a)
(b)

(c)

the name of the notifier and the address and telephone number of that
notifier’s usual place of business;a brief description of(i)the location of the work site,(ii) the type and quantities of asbestos to be used or handled,(iii) the activities and processes involved,(iv) the number of workers involved, and(v) the measures taken to limit the exposure of employees to asbestos,andthe date of the commencement of the work and its expected duration.

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Schedule 2 Appendix 7 to Annex XVII of the REACH
Regulation – special provisions on the labelling ofarticles containing asbestos. Regulations 14(4), 24(2)and (3) and 27

Schedule2

1.

(1) Subject to sub-paragraphs (2) and (3), the label to be used on—
(a)

(b)
(c)

raw asbestos together with the labelling required under the Chemicals(Hazard Information and Packaging for Supply) Regulations 2009 and the
Carriage of Dangerous Goods and Use of Transportable Pressure
Equipment Regulations 2009;asbestos waste, when required to be so labelled by regulation 24(3); andproducts containing asbestos, including used protective clothing towhich regulation 14(4) applies,

must be in the form and in the colours of the following diagram and must comply
with the specifications set out in paragraphs 2 and 3.

h
20 mm

White ‘a’ on a black background

H
50 mm
30 mm

Standard wording in white and/or black on a red background

25 mm(2) In the case of a product containing crocidolite, the words “contains
asbestos” shown in the diagram must be replaced by the words “contains
crocidolite/blue asbestos”.
(3) Where the label is printed directly onto a product, a single colour
contrasting with the background colour may be used.
2. The dimensions in millimetres of the label referred to in paragraph 1 must be
those shown on the diagram in that paragraph, except that larger measurements
may be used, but in that case the dimension indicated as h on the diagram must
be 40% of the dimension indicated as H.
3. The label must be clearly and indelibly printed so that the words in the lower
half of the label can be easily read, and those words must be printed in black orwhite.

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Schedule

Managing and working with asbestos2

4. (1) Where a product containing asbestos may undergo processing or finishingit must bear a label containing safety instructions appropriate to the particular
product and in particular the following instructions—“operate if possible out of doors in a well-ventilated place”;“preferably use hand tools or low speed tools equipped, if necessary, with anappropriate dust extraction facility. If high speed tools are used, they should always
be so equipped”;“if possible, dampen before cutting or drilling”; and“dampen dust, place it in a properly closed receptacle and dispose of it safely”.
(2) Additional safety information given on a label must not detract from orcontradict the safety information given in accordance with sub-paragraph (1).
5.
(1) Labelling of packaged and unpackaged products containing asbestos inaccordance with the foregoing paragraphs must be effected by means of—
(a)
(b)
(c)

an adhesive label firmly affixed to the product or its packaging;a tie-on label firmly attached to the product or its packaging; ordirect printing onto the product or its packaging.

(2) Where, in the case of an unpackaged product containing asbestos, it is
not reasonably practicable to comply with the provisions of sub-paragraph (1), thelabel must be printed on a suitable sheet accompanying the product.
(3) Labelling of raw asbestos and asbestos waste must be effected inaccordance with sub-paragraph (1)(a) or (c).
(4) For the purposes of this Schedule but subject to sub-paragraph (5), a
product supplied in loose plastic or other similar wrapping (including plastic andpaper bags) but no other packaging must be treated as being supplied in a
package whether the product is placed in such wrapping at the time of its supply or
was already so wrapped previously.
(5) No wrapping in which a product is placed at the time of its supply shallbe regarded as packaging if any product contained in it is labelled in accordancewith the requirements of this Schedule or any other packaging in which that
product is contained is so labelled.

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Schedule 3 Amendments

Schedule

3

Regulation 33(2)Instruments amended

References

Amendments to haveeffect

The Personal Protective
Equipment at Work
Regulations 1992

SI 1992/2966

In regulation 3(3)(c) for thewords “the Control ofAsbestos Regulations
2006” substitute “theControl of Asbestos
Regulations 2012”

The Health and Safety(Enforcing Authority)
Regulations 1998

SI 1998/494

In Schedule 2 paragraph
4A substitute thereference in paragraph4(a)(iii) to “a physicallysegregated area does notinclude an area
segregated only in orderto prevent the escape ofasbestos; and in thisparagraph “asbestos” has
the meaning assigned to
it by regulation 2(1) of theControl of Asbestos
Regulations 2012”

The Provision and Use of SI 1998/2306
Work Equipment
Regulations 1998

In regulation 12(5)(b) for
the words “the Control ofAsbestos Regulations
2006” substitute “theControl of Asbestos
Regulations 2012”

The Control of
Substances Hazardous
to Health Regulations
2002

SI 2002/2677

In regulation 5(1)(a)(iii) for
the words “the Control ofAsbestos Regulations
2006” substitute “theControl of Asbestos
Regulations 2012”

The Fur Farming(Compensation Scheme)(England) Order 2004

SI 2004/1964

In Schedule 6 Part 6
paragraph 14(a)(i) and (ii)after the Control ofAsbestos Regulations
2006” insert in each casefrom 6th April 2012, “theControl of Asbestos
Regulations 2012”

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Schedule

Managing and working with asbestos

3

Instruments amended

References

Amendments to haveeffectThe Health and Safety(Enforcing Authority for
Railways and Other
Guided Transport
Systems) Regulations
2006

SI 2006/557

In regulation 4(5) for thewords “the Control ofAsbestos Regulations
2006” substitute “theControl of Asbestos
Regulations 2012”

The Construction (Design SI 2007/320
and Management)
Regulations 2007

In regulation 17(1) for thewords “the Control ofAsbestos Regulations
2006” substitute “theControl of Asbestos
Regulations 2012”

The REACH Enforcement SI 2008/2852
Regulations 2008

In Schedule 3 paragraph2(b) for the words “theControl of Asbestos
Regulations 2006”
substitute “the Control ofAsbestos Regulations
2012”

The Merchant Shippingand Fishing Vessels(Health and Safety atWork)(Asbestos)
Regulations 2010

In regulation 4(4) for thewords “the Control ofAsbestos Regulations
2006” substitute “theControl of Asbestos
Regulations 2012”

SI 2010/2984

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Appendix 1 Notice of Approval

By virtue of section 16(4) of the Health and Safety at Work etc Act 1974, and withthe consent of the Secretary of State for Work and Pensions, the Health and Safety
Executive has on 4 December 2013 approved the revised Code of Practice entitledManaging and working with asbestos (Second edition 2013, L143).
The revised Code of Practice gives practical guidance on safely controlling workwith asbestos and asbestos-containing materials. It also gives practical guidanceon the management of asbestos in non-domestic premises previously referenced in
the Code of Practice L127 The management of asbestos in non-domestic
premises.
By virtue of section 16(5) and with the consent of the Secretary of State for Workand Pensions under that paragraph, the Health and Safety Executive has withdrawn
its approval of the Code of Practice entitled Work with materials containing
asbestos and the Code of Practice The management of asbestos in non-domestic
premises which came into effect on 20 October 2006 and which shall cease tohave effect on 19 December 2013.
The Code of Practice comes into effect on 19 December 2013.
SignedLOUISE STEVENS
Secretary to the Board of the Health and Safety Executive
19 December 2013

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References
1
Consulting workers on health and safety. Safety Representatives and Safety
Committees Regulations 1977 (as amended) and Health and Safety (Consultation
with Employees) Regulations 1996 (as amended). Approved Codes of Practice andguidance L146 (Second edition) HSE Books 2012 ISBN 978 0 7176 6461 0
www.hse.gov.uk/pubns/books/l146.htm
2
Health and Safety at Work etc Act 1974 (c.37) The Stationery Office 1974
ISBN 978 0 10 543774 1 www.legislation.gov.uk/ukpga/1974/37
3
Asbestos: The analysts’ guide for sampling, analysis and clearance
procedures HSG248 HSE Books 2005 ISBN 978 0 7176 2875 9
www.hse.gov.uk/pubns/books/hsg248.htm
4
BS 8520-3:2009 Equipment used in the controlled removal of asbestoscontaining materials. Operation, cleaning and maintenance of class H vacuum
cleaners. Code of practice British Standards Institution
5
Asbestos essentials: A task manual for building, maintenance and allied trades
on non-licensed asbestos work HSG210 (Third edition) HSE Books 2012 ISBN 978
0 7176 6503 7 www.hse.gov.uk/pubns/books/hsg210.htm. Online versions of theAsbestos essentials sheets are available at www.hse.gov.uk/asbestos/essentials/
index.htm
6Managing health and safety in construction. Construction (Design andManagement) Regulations 2007. Approved Code of Practice L144 HSE Books
2007 ISBN 978 0 7176 6223 4 www.hse.gov.uk/pubns/books/l144.htm
7
The Management of Health and Safety at Work Regulations 1999
SI 1999/3242 The Stationery Office 1999 ISBN 978 9 99901784 8
8BS EN ISO/IEC 17020:2012 Conformity assessment. Requirements for theoperation of various types of bodies performing inspection British Standards
Institution
9
Asbestos: The licensed contractors’ guide HSG247 HSE Books 2006
ISBN 978 0 7176 2874 2 www.hse.gov.uk/pubns/books/hsg247.htm
10 Asbestos licence assessment, amendment and revocation guide (ALAARG)
HSE50 HSE 2012 www.hse.gov.uk/pubns/hse50.htm
11

Notification form FOD ASB5 www.hse.gov.uk/forms/notification/fodasb5.pdf

12 Notification of non-licensed work with asbestos ASB NNLW1
https://extranet.hse.gov.uk/lfserver/external/asbnnlw1
13 BS EN ISO 13982-1:2004+A1:2010 Protective clothing for use against solid
particulates. Performance requirements for chemical protective clothing providing
protection to the full body against airborne solid particulates (type 5 clothing) British
Standards Institution
14 BS EN ISO/IEC 17025:2005 General requirements for the competence oftesting and calibration laboratories British Standards Institution
15 Guidance for appointed doctors on the Control of Asbestos Regulations 2012:
Medical surveillance for workers carrying out licensed work with asbestos Medical
Guidance Note MS31(rev1) HSE Books 2012 www.hse.gov.uk/pubns/ms31.htm

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16 Guidance for doctors on the Control of Asbestos Regulations 2012: Medical
surveillance for workers carrying out non-licensed work with asbestos Medical
Guidance Note MS34 HSE Books 2012 www.hse.gov.uk/pubns/ms34.htm
17 Safe work in confined spaces. Confined Spaces Regulations 1997. Approved
Code of Practice, Regulations and guidance L101 (Second edition) HSE Books
2009 ISBN 978 0 7176 6233 3 www.hse.gov.uk/pubns/books/l101.htm
18 The Hazardous Waste (England and Wales) Regulations 2005 SI 2005/894
The Stationery Office 2005 ISBN 978 0 11 072685 4
19 The Special Waste Amendment (Scotland) Regulations 2004 Scottish SI
2004/112 The Stationery Office 2004 ISBN 978 0 11 069030 8
20 The Carriage of Dangerous Goods and Use of Transportable Pressure
Equipment Regulations 2009 SI 2009/1348 The Stationery Office 2009ISBN 978 0 11 148012 0

Further sources of advice
United Kingdom Accreditation Service (UKAS), 21–47 High Street, Feltham,Middlesex TW13 4UN www.UKAS.com
The Environment Agency (EA), National Customer Contact Centre, PO Box 544,
Rotherham S60 1BY www.environment-agency.gov.uk
The Scottish Environment Protection Agency (SEPA), SEPA Corporate Office,Erskine Court, Castle Business Park, Stirling FK9 4TR www.sepa.org.uk
Natural Resources Wales (NRW)/Cyfoeth Naturiol Cymru, Tŷ Cambria, 29 Newport
Road, Cardiff CF24 0TP www.naturalresourceswales.gov.uk

Further information
For information about health and safety, or to report inconsistencies or inaccuracies
in this guidance, visit www.hse.gov.uk/. You can view HSE guidance online andorder priced publications from the website. HSE priced publications are alsoavailable from bookshops.
British Standards can be obtained in PDF or hard copy formats from BSI:
http://shop.bsigroup.com or by contacting BSI Customer Services for hard copies
only Tel: 0845 086 9001 email: cservices@bsigroup.com.
The Stationery Office publications are available from The Stationery Office,
PO Box 29, Norwich NR3 1GN Tel: 0870 600 5522 Fax: 0870 600 5533
email: customer.services@tso.co.uk Website: www.tsoshop.co.uk/. (They are alsoavailable from bookshops.) Statutory Instruments can be viewed free of charge at
www.legislation.gov.uk, where you can also search for changes to legislation.

Published by the Health and Safety Executive

12/13

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