Source · Select Committees · Work and Pensions Committee
Recommendation 15
15
Paragraph: 82
Whether building dutyholders are complying with the requirements of the Control of Asbestos Regulations is...
Conclusion
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 would give it better compliance data. Our view is that the exercise of reporting data centrally will, in some cases, cause dutyholders to commission surveys and update records of asbestos in their premises if they know their data is being shared centrally and may be subject to external review. The resulting database would offer a sampling frame for enforcement activity and could be analysed to inform a risk-based and targeted enforcement approach. It would also provide important background data to support a longer-term strategic approach to managing the asbestos legacy. We acknowledge, however, that it would be for others in government, such as the Government Digital Service, to lead on developing a central register and the concept would need careful testing.
Paragraph Reference:
82
Government Response
Acknowledged
HM Government
Acknowledged
HSE provided evidence to the committee that the existing legal requirement set out in the Control of Asbestos Regulations 2012 (CAR 12) requires duty holders to identify and locate asbestos within their premises and share this information with everyone who may possibly, in the course of their work activity, be at risk of exposure to asbestos. HSE’s evidence suggested that a new central register - which would require significant resource from dutyholders and government - would duplicate this existing information with no clear indicator that asbestos exposure risks would be improved. Some of the other regulators who provided evidence to the inquiry reflected these as important considerations as part of any development of a register. It could also undermine the active requirement on dutyholders to manage asbestos in non- domestic premises on an ongoing basis. While HSE agrees we should continue to look for opportunities to reduce the risks associated with asbestos, there needs to be confidence the changes to the regulatory burden for duty holders and cost to government, are proportionate to the health benefits that would arise. The Regulators Code also requires that HSE avoids imposing unnecessary burdens on duty holders and bases its regulatory activities on risk. HSE has used the principle of national registers before – for example the Notification of Conventional Tower Crane Regulations 2010. HSE found that during the time the Regulations were in force, the public register was only consulted on four occasions. A subsequent consultation concluded that the register had not benefitted risk management regarding tower cranes. The Regulations were revoked in 2012 as the burden of maintaining the database was disproportionate to the health and safety benefit. HSE fully recognises that asbestos is a different hazard to tower cranes and the public may respond differently to a new national asbestos database. However, HSE’s experience to date is that the assumption underpinning this recommendation – increasing the availability of information to the public leads to improved health and safety performance – may not be the case. Fundamental to ensuring awareness of the asbestos exposure risk, is that duty holders understand and actively comply with the law. The duty to manage asbestos and share information on its location with those most at risk is a key part of this. HSE will develop targeted communications activity to increase awareness and understanding of how to manage the risks and the importance of sharing information. This will form part of its planned activity to support the UK’s net zero agenda; where those most at risk of asbestos exposure are likely to be involved in retrofitting and refurbishment work. HSE will also use information gathered from its planned inspections in 2022/23 to inform activities aimed at influencing improved duty holder compliance in this area.