Select Committee · Work and Pensions Committee

Health and Safety Executive’s approach to asbestos management

Status: Closed Opened: 9 Jul 2021 Closed: 21 Oct 2022 14 recommendations 13 conclusions 1 report

This inquiry looked at how the Health and Safety Executive manages the continued presence of asbestos in buildings. The Committee found out about the current risks posed by asbestos in the workplace, the groups of people who are most affected, and how well the current laws and regulations for the management of asbestos are working. … Show more

Reports

1 report
Title HC No. Published Items Response
Sixth Report - The Health and Safety Executive’s approach t… HC 560 21 Apr 2022 27 Responded

Recommendations & Conclusions

27 items
1 Conclusion Sixth Report - The Health and Safety Ex… Deferred

Asbestos-related illness is one of the great workplace tragedies of modern times.

Asbestos-related illness is one of the great workplace tragedies of modern times. Extensive use of asbestos in the twentieth century accounts for many thousands of deaths. The extreme exposures of the mid- to late twentieth century may be behind us, but its legacy lives on. Asbestos remains in many of … Read more

Government response AI summary
HSE's Control of Asbestos Regulations 2012 (CAR) Post Implementation Review (PIR) will be published later this year and HSE is developing its plan of work to take forward areas from the PIR and will consider using recommendations from the inquiry to inform this work.
Read full response →
Department for Work and Pensions
2 Recommendation Sixth Report - The Health and Safety Ex… Acknowledged

We recommend that HSE and Government use the conclusions and recommendations from our report to...

We recommend that HSE and Government use the conclusions and recommendations from our report to inform both its immediate post implementation review of the asbestos regulations and its longer-term approach to asbestos management. (Paragraph 15) The asbestos risk today Read more

Government response AI summary
HSE has considered whether any of the inquiry findings are relevant to the scope and evidence which was gathered as part of the PIR and will consider using recommendations from the inquiry to inform its plan of work to take forward areas from the PIR.
Read full response →
Department for Work and Pensions
3 Conclusion Sixth Report - The Health and Safety Ex… Acknowledged

Progress made since the gradual imposition of restrictions on the use of asbestos and its...

Progress made since the gradual imposition of restrictions on the use of asbestos and its eventual ban in 1999 are no reason for complacency. Understanding the extent to which asbestos fibres are still being released from the fabric of buildings remains vital and requires different methods of analysis. Past measurement … Read more

Government response AI summary
HSE has a Science and Evidence Strategy and Delivery Plan, and will continue to publish findings, but will assess priorities for further research as part of its forward programme, engaging with duty holders for public buildings. They are also trialling new methods for capturing information …
Read full response →
Department for Work and Pensions
4 Conclusion Sixth Report - The Health and Safety Ex… Not Addressed

Recent HSE data on the relative risk of mesothelioma deaths shows elevated rates for women...

Recent HSE data on the relative risk of mesothelioma deaths shows elevated rates for women whose last occupation was education and teaching. However, limitations in death certificate information means that the earlier occupational history of these people—which may be key to understanding the cause of their disease—is not known. Moreover, … Read more

Government response AI summary
The government states why collecting additional occupational information through death registration or coronial processes would be challenging and thus not recommended.
Read full response →
Department for Work and Pensions
5 Recommendation Sixth Report - The Health and Safety Ex… Acknowledged

We recommend that HSE develops and implements a robust research framework for the systematic measurement...

We recommend that HSE develops and implements a robust research framework for the systematic measurement of current asbestos exposures in non-domestic buildings, using a range of measurement and sampling techniques and informed by international experiences and approaches. It should ensure that adequate consideration is given to exposure measurement in schools … Read more

Government response AI summary
HSE has a Science and Evidence Strategy and Delivery Plan, and will continue to publish findings, but will assess priorities for further research as part of its forward programme, engaging with duty holders for public buildings. They are also trialling new methods for capturing information …
Read full response →
Department for Work and Pensions
6 Recommendation Sixth Report - The Health and Safety Ex… Rejected

We also recommend that the Government investigates opportunities to improve the occupational information recorded on...

We also recommend that the Government investigates opportunities to improve the occupational information recorded on death certificates. (Paragraph 32) A strategic approach to asbestos management

Government response AI summary
The Government does not recommend collecting additional occupational information through death registration, citing challenges, potential bias, and the need for collaboration with other departments, stating this approach is not recommended.
Read full response →
Department for Work and Pensions
7 Conclusion Sixth Report - The Health and Safety Ex… Accepted

Under the Control of Asbestos Regulations 2012, asbestos-containing materials that are in good condition and...

Under the Control of Asbestos Regulations 2012, asbestos-containing materials that are in good condition and are unlikely to be disturbed can be left in place by building dutyholders. Buildings containing asbestos will not last forever and, as HSE acknowledges, we do not know how long some of these materials, left … Read more

Government response AI summary
The Government believes that GB currently has a mature and comprehensive plan to managing legacy asbestos risks that aligns with the best evidence currently available through the Control of Asbestos Regulations 2012 and the 'duty to manage'.
Read full response →
Department for Work and Pensions
8 Conclusion Sixth Report - The Health and Safety Ex… Accepted

Wholesale removal is not, however, without its own risk and uncertainty.

Wholesale removal is not, however, without its own risk and uncertainty. Despite this, HSE has been slow to invest in research to better understand the costs and benefits of removal and to evaluate options for safer removal. This is becoming a more urgent task. The likely dramatic increase in retrofitting … Read more

Government response AI summary
The government believes that GB currently has a mature and comprehensive plan to manage legacy asbestos risks, reflected in the Control of Asbestos Regulations 2012 and the duty to manage, which ensures management of risks of exposure and will eventually lead to the elimination of …
Read full response →
Department for Work and Pensions
9 Recommendation Sixth Report - The Health and Safety Ex… Accepted

The Minister and HSE told us that their goal was to see asbestos gradually and...

The Minister and HSE told us that their goal was to see asbestos gradually and safely removed from GB’s buildings. We agree with its ambition but greatly regret that neither HSE nor the Government has articulated a clear and comprehensive strategy for achieving this. There is no written down, fully … Read more

Government response AI summary
The government believes that GB currently has a mature and comprehensive plan to manage legacy asbestos risks, reflected in the Control of Asbestos Regulations 2012 and the duty to manage, which ensures management of risks of exposure and will eventually lead to the elimination of …
Read full response →
Department for Work and Pensions
10 Recommendation Sixth Report - The Health and Safety Ex… Rejected

We recommend that a deadline now be set for the removal of asbestos from non-...

We recommend that a deadline now be set for the removal of asbestos from non- domestic buildings, within 40 years. The Government and HSE should develop and publish a strategic plan to achieve this, focusing on removing the highest risk asbestos first, and the early removal from the highest risk … Read more

Government response AI summary
The Government believes that GB currently has a mature and comprehensive plan to managing legacy asbestos risks and is concerned that moving to a fixed deadline for removal would increase the opportunity for exposure, stimulate poor removal and disposal practices, and significantly disrupt the use …
Read full response →
Department for Work and Pensions
11 Conclusion Sixth Report - The Health and Safety Ex… Acknowledged

We are unconvinced that a significant further expansion in the use of air monitoring for...

We are unconvinced that a significant further expansion in the use of air monitoring for the routine measurement of asbestos fibres is needed. Clearly, such monitoring is an important component both in assessing sites following asbestos removal work The Health and Safety Executive’s approach to asbestos management 49 and, potentially, … Read more

Government response AI summary
HSE will continue to retain its robust understanding of exposure trends and levels of duty holder compliance, assessing priorities for further research as part of its forward programme, prioritising against HSE’s wider research plan on work-related health and safety areas, engaging with duty holders for …
Read full response →
Department for Work and Pensions
12 Recommendation Sixth Report - The Health and Safety Ex… Acknowledged

We recommend HSE work with others in the UK and devolved governments to continue to...

We recommend HSE work with others in the UK and devolved governments to continue to review and share the evidence relating to routine, environmental, air monitoring of asbestos fibres. We ask that HSE writes to us in 12 months’ time with an update on Government’s latest assessment of these developments. Read more

Government response AI summary
HSE will continue to retain its robust understanding of exposure trends and levels of duty holder compliance, assessing priorities for further research as part of its forward programme, prioritising against HSE’s wider research plan on work-related health and safety areas, engaging with duty holders for …
Read full response →
Department for Work and Pensions
13 Conclusion Sixth Report - The Health and Safety Ex… Accepted

Information about asbestos within buildings is often poorly communicated to users and contractors by dutyholders.

Information about asbestos within buildings is often poorly communicated to users and contractors by dutyholders. Surveys and management plans which include critical information on asbestos are not always maintained as living and accessible documents. Opportunities to exploit digital technologies to improve communications on asbestos risks are being missed. Read more

Government response AI summary
HSE states they recognize the importance of duty holders actively managing information and ensuring it is regularly communicated, and they will be carrying out targeted inspection activity and develop communications activity in this area to support wider inspection work, as well as continuing working with …
Read full response →
Department for Work and Pensions
14 Recommendation Sixth Report - The Health and Safety Ex… Acknowledged

We recommend that HSE strengthens its work with, and guidance to, dutyholders to make clear...

We recommend that HSE strengthens its work with, and guidance to, dutyholders to make clear their obligations to communicate asbestos information and risks to building contractors and users. We also recommend that HSE works with others in Government to sponsor improvements in how information on asbestos in buildings is communicated … Read more

Government response AI summary
HSE will carry out targeted inspection activity across GB workplaces to check compliance with legal duties and will look to develop communications activity to support this wider inspection work and will continue its work with duty holders and those in charge of estates strategies for …
Read full response →
Department for Work and Pensions
15 Conclusion Sixth Report - The Health and Safety Ex… Acknowledged

Whether building dutyholders are complying with the requirements of the Control of Asbestos Regulations is...

Whether building dutyholders are complying with the requirements of the Control of Asbestos Regulations is largely unknown. HSE collects some data from its programme of inspections, but these cover a tiny fraction of the non- domestic premises that contain asbestos. HSE doubts whether a central register of information on asbestos … Read more

Government response AI summary
The government acknowledges the committee's view on a central register of information on asbestos, but suggests that a new central register would duplicate existing information with no clear indicator that asbestos exposure risks would be improved, and that HSE will develop targeted communications activity to …
Read full response →
Department for Work and Pensions
16 Recommendation Sixth Report - The Health and Safety Ex… Rejected

We recommend that HSE works with others in government to develop a central digital register...

We recommend that HSE works with others in government to develop a central digital register of asbestos in non-domestic buildings, describing its location and type. In the first instance, the concept of a central register could be tested using asbestos data from public buildings such as schools and hospitals. In … Read more

Government response AI summary
HSE argues that a central register would duplicate existing requirements and would require significant resource from dutyholders and government, with no clear indicator that asbestos exposure risks would be improved.
Read full response →
Department for Work and Pensions
17 Conclusion Sixth Report - The Health and Safety Ex… Accepted

HSE has experienced significant cuts in government funding.

HSE has experienced significant cuts in government funding. Lower grant funding has been partly mitigated by the introduction of its fee for intervention ‘cost recovery’ model but this cannot be used to target inspections of licensed asbestos removal work. It is not surprising, therefore, that HSE’s asbestos enforcement activity has … Read more

Government response AI summary
HSE's business plan includes details of how HSE's activities are funded and sets out how HSE will deliver a range of different regulatory interventions and activities based on intelligence, targeting the most serious risks, focusing on industries with the greatest hazards and sectors with the …
Read full response →
Department for Work and Pensions
18 Recommendation Sixth Report - The Health and Safety Ex… Accepted

We recommend that HSE commits to a sustained increase in inspection and enforcement activity targeting...

We recommend that HSE commits to a sustained increase in inspection and enforcement activity targeting compliance with the Control of Asbestos Regulations. Repeating our recommendation from June 2020, the Government and DWP should ensure that it provides adequate funding to HSE to support this increased programme of work over the … Read more

Government response AI summary
HSE's commitment to focus on the risks related to managing asbestos exposure is a long-standing feature of its Business Plan, but budgets are not specifically allocated to individual risks such as asbestos exposure, because inspections and investigations focus on multiple potential risks.
Read full response →
Department for Work and Pensions
19 Conclusion Sixth Report - The Health and Safety Ex… Acknowledged

HSE promotes understanding of the dangers of asbestos, technical knowledge exchange and compliance with the...

HSE promotes understanding of the dangers of asbestos, technical knowledge exchange and compliance with the asbestos regulations through its participation in domestic and international networks. HSE has also previously invested in significant campaigns targeting those occupations most likely to be exposed to asbestos. Campaigns such as ‘Hidden Killer’ were widely … Read more

Government response AI summary
HSE strives to ensure legal compliance and safety is enabled through clear and accessible guidance, they will look at communications activity around asbestos to ensure that opportunities to raise awareness with trades people most at risk of exposure, are maximised, prior to beginning any refurbishment …
Read full response →
Department for Work and Pensions
20 Recommendation Sixth Report - The Health and Safety Ex… Acknowledged

HSE should commit to investing more in sustained campaigning work across a range of media,...

HSE should commit to investing more in sustained campaigning work across a range of media, using multiple interventions and synchronising with the development of its wider strategy for asbestos management. It should employ robust evaluation methods to test what messages and which methods achieve the greatest impact on the behaviours … Read more

Government response AI summary
HSE strives to ensure legal compliance and safety is enabled through clear and accessible guidance, they will look at communications activity around asbestos to ensure that opportunities to raise awareness with trades people most at risk of exposure, are maximised, prior to beginning any refurbishment …
Read full response →
Department for Work and Pensions
21 Recommendation Sixth Report - The Health and Safety Ex… Acknowledged

Currently in Great Britain, some asbestos removal work does not need to be undertaken by...

Currently in Great Britain, some asbestos removal work does not need to be undertaken by a licensed contractor but some of this will still need to be notified to HSE before work starts. The three-way categorisation of work is confusing and of questionable value. Reducing the number of categories and … Read more

Government response AI summary
HSE will consider how to develop greater clarity around the categorisation of asbestos work, potentially simplifying the categories, and will develop further with stakeholders, subject to a full impact assessment and consultation.
Read full response →
Department for Work and Pensions
22 Recommendation Sixth Report - The Health and Safety Ex… Accepted in Part

We recommend that HSE considers how it could consolidate, tighten, and simplify the current categorisation...

We recommend that HSE considers how it could consolidate, tighten, and simplify the current categorisation of asbestos works as part of its 2022 statutory review of the Control of Asbestos Regulations. Its review should carefully assess the net behavioural impacts and costs of any changes. Read more

Government response AI summary
HSE will consider how the current categorisation of asbestos works could be developed further with stakeholders, considering simplification of categories set out within the regulations. Any change to the regulations would be subject to a full impact assessment and consultation.
Read full response →
Department for Work and Pensions
23 Conclusion Sixth Report - The Health and Safety Ex… Acknowledged

Asbestos surveyors have an important role in helping dutyholders to identify and manage asbestos in...

Asbestos surveyors have an important role in helping dutyholders to identify and manage asbestos in premises. We have heard concerns about the variable quality of surveys. It is not clear to us why the regulatory and quality requirements for asbestos surveyors should be less stringent than for analysts who must … Read more

Government response AI summary
HSE engages with various stakeholders to ensure standards and competence are maintained for asbestos surveyors and will now engage with stakeholders to consider this further and how they can collectively ensure competence throughout the system.
Read full response →
Department for Work and Pensions
24 Conclusion Sixth Report - The Health and Safety Ex… Acknowledged

Despite their requirement to be accredited, the work of analysts continues to be compromised by...

Despite their requirement to be accredited, the work of analysts continues to be compromised by regulatory arrangements which allow licensed asbestos contractors to commission their own analysts to check their work. We heard disturbing accounts from several sources that the current model undermines the independence of this critical quality check. … Read more

Government response AI summary
HSE recognizes the evidence presented to the inquiry and will engage with stakeholders to consider how the guidance in HSG248 Asbestos: The Analysts’ Guide can be reinforced further regarding analyst independence.
Read full response →
Department for Work and Pensions
25 Recommendation Sixth Report - The Health and Safety Ex… Acknowledged

We recommend that HSE makes it mandatory for all people conducting asbestos surveys to be...

We recommend that HSE makes it mandatory for all people conducting asbestos surveys to be accredited by a recognised accreditation body. We also recommend that HSE assesses the impact of making it a legal requirement for building owners or occupiers to commission accredited asbestos analysts to check asbestos work done … Read more

Government response AI summary
HSE will engage with stakeholders to consider further how to ensure competence is enabled throughout the system regarding asbestos surveys and will engage with stakeholders to consider how guidance can be reinforced further regarding analysts being independently sourced and employed by the building owner or …
Read full response →
Department for Work and Pensions
26 Conclusion Sixth Report - The Health and Safety Ex… Acknowledged

HSE has an important role in monitoring international developments in approaches to managing asbestos risk,...

HSE has an important role in monitoring international developments in approaches to managing asbestos risk, assessing the balance of evidence, and commissioning its own research to understand workplace patterns of asbestos exposure and behaviour. The direction of travel in Europe is towards tighter regulation of asbestos and lower exposure limits … Read more

Government response AI summary
HSE will review any robust, peer-reviewed evidence on exposure levels that show tangible health benefits for GB workers and will continue to monitor international developments in this area and the evidence base.
Read full response →
Department for Work and Pensions
27 Recommendation Sixth Report - The Health and Safety Ex… Acknowledged

We recommend HSE ensures its current review of the Control of Asbestos Regulations includes a...

We recommend HSE ensures its current review of the Control of Asbestos Regulations includes a thorough written assessment of moves towards more stringent asbestos 52 The Health and Safety Executive’s approach to asbestos management occupational exposure limits in Europe. It should carefully consider their application to the GB context, taking … Read more

Government response AI summary
HSE will review peer-reviewed evidence on exposure levels that show tangible health benefits for GB workers and will conduct a full consultation and cost benefit analysis before introducing any changes to asbestos occupational exposure limits.
Read full response →
Department for Work and Pensions

Oral evidence sessions

3 sessions
Date Witnesses
2 Feb 2022 Chloe Smith MP · Cabinet Office, Professor Andrew Curran · Health and Safety Executive, Sarah Albon · Health and Safety Executive View ↗
15 Dec 2021 Clare Gilham · London School of Hygiene and Tropical Medicine, Darren Evans · Asbestos Testing and Consulting, Asbestos Removal Contractors Association, Graham O’Mahony · UK Asbestos Training Association, Prof John Cherrie · Heriot Watt University, Prof Julian Peto · London School of Hygiene and Tropical Medicine, Prof Kevin Bampton · British Occupational Hygiene Society and the Faculty of Asbestos Assessment and Management, Ruth Wilkinson · Institution of Occupational Safety and Health View ↗
17 Nov 2021 Charles Pickles · The Airtight on Asbestos Campaign, Gill Reed · The Joint Union Asbestos Committee, Joanne Gordon · Asbestos Victims Support Groups’ Forum UK, Liz Darlison · Mesothelioma UK, Nicolas Bessot · Ministry of Labour, Employment and Integration, France, Prof. Alex Burdorf · Erasmus MC, Rotterdam, The Netherlands, Prof. Thomas Kuhlbusch · The Federal Institute for Occupational Hygiene and Health (BAuA), Germany, Tony Hood · Thompsons Solicitors View ↗

Who gave evidence

18 witnesses
WitnessOrganisationSessions
Charles Pickles · Asbestos campaigner The Airtight on Asbestos Campaign 1
Chloe Smith MP · Minister of State Cabinet Office 1
Clare Gilham · Assistant Professor London School of Hygiene and Tropical Medicine 1
Darren Evans · Management Committee Member Asbestos Testing and Consulting, Asbestos Removal Contractors Association 1
Gill Reed · Technical Adviser The Joint Union Asbestos Committee 1
Graham O’Mahony · Chair UK Asbestos Training Association 1
Joanne Gordon · Chair Asbestos Victims Support Groups’ Forum UK 1
Liz Darlison · Chief Executive Officer Mesothelioma UK 1
Nicolas Bessot · Head of the Office of Chemical, Physical, Biologi… Ministry of Labour, Employment and Integration, France 1
Prof John Cherrie · Emeritus Professor of Human Health Heriot Watt University 1
Prof Julian Peto · Professor of Epidemiology London School of Hygiene and Tropical Medicine 1
Prof Kevin Bampton · Chief Executive Officer British Occupational Hygiene Society and the Faculty of Asbestos Assessment and Management 1
Prof. Alex Burdorf · Head of Department of Public Health Erasmus MC, Rotterdam, The Netherlands 1
Prof. Thomas Kuhlbusch · Head of Hazardous Substances Management The Federal Institute for Occupational Hygiene and Health (BAuA), Germany 1
Professor Andrew Curran · Chief Scientific Adviser and Director of Research Health and Safety Executive 1
Ruth Wilkinson · Head of Health and Safety (Policy and Operations) Institution of Occupational Safety and Health 1
Sarah Albon · Chief Executive Health and Safety Executive 1
Tony Hood · National Head of Asbestos Strategy Thompsons Solicitors 1

Correspondence

1 letter
DateDirectionTitle
2 Mar 2022 Correspondence with the Health and Safety Executive related to their approach t…