Asbestos in the Workplace: What Employers and Duty Holders Must Know
Contents
- 1.Scale of the problem
- 2.Legal duties
- 3.Who is responsible?
- 4.Common ACMs in workplaces
- 5.Categories of asbestos work
- 6.Asbestos surveys
- 7.Asbestos management plans
- 8.Employee training
- 9.Briefing contractors
- 10.Accidental disturbance
- 11.Frequently asked questions
The Scale of the Problem
Asbestos-related disease remains a serious occupational-health issue. Avoid disturbing suspected material and use the assessment and controls appropriate to the work.
The UK banned all forms of asbestos in 1999, but the legacy of its widespread use remains embedded in the fabric of millions of commercial, industrial, and public buildings. The HSE estimates that around 1.3 million tradespeople and maintenance workers are at risk of asbestos exposure every year: not from new asbestos, but from disturbing materials installed decades ago. For employers, this means that asbestos management is not a historical concern; it is an ongoing, live legal obligation.
Any non-domestic building constructed before 2000 must be treated as potentially containing asbestos until a survey has confirmed otherwise. This applies to offices, warehouses, factories, schools, hospitals, hotels, and any other workplace. The duty to manage asbestos under the Control of Asbestos Regulations 2012 (CAR 2012) is not optional: it is a legal requirement with criminal penalties for non-compliance.
Legal Duties Under CAR 2012
The Control of Asbestos Regulations 2012 (CAR 2012) is the primary legislation governing asbestos management in the UK. It implements the requirements of EU Directive 2009/148/EC and consolidates earlier regulations into a single framework. The key duties for employers and duty holders are set out in Regulation 4.
Regulation 4: The Duty to Manage Asbestos
- Take reasonable steps to find out if asbestos is present in the premises
- Presume materials contain asbestos unless there is strong evidence they do not
- Assess the condition of any ACMs found and the risk they present
- Prepare a written plan to manage the risk (the asbestos management plan)
- Implement and monitor the plan, and review it regularly
- Ensure that information about ACMs is made available to anyone who may disturb them
Failure to comply with Regulation 4 is a criminal offence under the Health and Safety at Work etc. Act 1974. Penalties include unlimited fines and up to two years' imprisonment. The HSE actively inspects workplaces and prosecutes duty holders who fail to manage asbestos appropriately. In addition to criminal liability, employers face civil claims from employees who develop asbestos-related diseases as a result of workplace exposure.
For a full overview of the regulatory framework, see our guide to asbestos regulations in the UK, which covers CAR 2012, the Health and Safety at Work Act, RIDDOR reporting, and the role of the HSE.
Who Is Responsible for Asbestos in the Workplace?
Responsibility for asbestos management is shared across multiple roles, but the primary duty rests with the person who has control of the premises. The table below sets out the key roles and their specific duties.
| Role | Duty |
|---|---|
| Employer / Duty Holder | The primary duty holder under Regulation 4 of CAR 2012. Must identify ACMs, assess their condition, prepare a written management plan, and ensure all employees and contractors who may disturb ACMs are informed. |
| Facilities Manager | Day-to-day coordinator of asbestos management. Maintains the asbestos register, commissions re-inspection surveys, issues permits to work, and briefs contractors before any intrusive maintenance. |
| Health & Safety Officer | Ensures the asbestos management plan is current, staff training is up to date, and incident reporting procedures are in place. Liaises with the HSE in the event of accidental disturbance. |
| Maintenance Staff | Must check the asbestos register before any intrusive work. Must not drill, cut, or disturb any surface without confirming it is asbestos-free or taking appropriate precautions. |
| Contractors | Must be briefed on the location of all ACMs before starting work. Must not carry out work that disturbs ACMs unless they are licensed and the work has been planned and notified appropriately. |
| Employees | Have a duty under the Health and Safety at Work Act 1974 to take reasonable care of their own health and safety. Must report any suspected asbestos disturbance to their line manager immediately. |
Common Asbestos-Containing Materials in Workplaces
Asbestos was used in hundreds of building products between the 1950s and 1990s. The table below lists the most common ACMs found in commercial and industrial workplaces, together with the typical risk level if the material is disturbed.
| Location | Material | Risk if Disturbed |
|---|---|---|
| Ceiling tiles & suspended ceilings | Asbestos insulation board (AIB) | High if drilled, cut, or damaged |
| Floor tiles & adhesive | Vinyl tiles with chrysotile backing | Low if intact; high if sanded or cut |
| Pipe lagging & duct insulation | Amosite or chrysotile insulation | High if deteriorating or disturbed |
| Boiler rooms & plant rooms | Sprayed coatings, AIB panels, rope seals | Very high: restricted access essential |
| Roof panels, soffits & fascias | Asbestos cement sheeting | Moderate: deteriorates with weathering |
| Partition walls & fire doors | Asbestos insulation board | High if drilled, cut, or damaged |
| Textured coatings (artex) | Chrysotile in decorative coatings | Low if painted; high if sanded or scraped |
| Electrical switchgear & ducts | AIB panels, asbestos rope seals | High: specialist access required |
| Gutters, downpipes & flues | Asbestos cement | Moderate: fragile when weathered |
| Sprayed coatings on structural steel | Amosite or crocidolite spray | Very high if damaged or disturbed |
This list is not exhaustive. A full management survey by a qualified surveyor is the only reliable method of identifying all ACMs in a building.
Categories of Asbestos Work: What Is Permitted and by Whom
CAR 2012 divides asbestos work into three categories based on the risk of fibre release. The category determines whether an HSE licence is required, whether the work must be notified to the HSE, and what protective measures are necessary.
Asbestos Surveys for Workplaces
There are two main types of asbestos survey for workplaces, as defined by the HSE's guidance document HSG264:
Management Survey
The standard survey for occupied workplaces. Identifies ACMs that could be disturbed during normal occupation and routine maintenance. Involves sampling of suspected ACMs and a written report with risk assessments. Required for all non-domestic premises built before 2000.
Refurbishment / Demolition Survey
Required before any refurbishment or demolition work. More intrusive than a management survey: involves sampling from areas that may be inaccessible during normal occupation. Must be completed before any intrusive work begins, even minor renovations.
Re-inspection surveys of known ACMs should be carried out every 6–12 months to monitor their condition. See our asbestos surveys page for full details of the survey types we offer, or our guide to whether you need an asbestos survey for a decision framework.
Asbestos Management Plans: What Must Be Included
A written asbestos management plan is a legal requirement under Regulation 4(9) of CAR 2012 for any non-domestic premises where ACMs are present or likely to be present. The plan must be kept up to date, reviewed regularly, and made available to anyone who may disturb ACMs. At minimum, it must include:
The location and extent of all ACMs identified in the asbestos registerThe condition and risk assessment for each ACMThe management measures in place for each ACM (in situ, encapsulation, removal)The schedule for monitoring and re-inspection of each ACMThe procedure for informing employees and contractors of ACM locationsThe procedure for issuing permits to work for intrusive maintenanceThe emergency procedure for accidental disturbanceThe training records for all relevant staffThe review schedule for the plan itself (typically annual)
Our asbestos management plan service provides a fully compliant written plan based on the findings of a management survey, with ongoing support for annual reviews and re-inspection surveys.
Employee Training Requirements
Under Regulation 10 of CAR 2012, any employee who may come into contact with asbestos during their work must receive appropriate asbestos awareness training. The level of training required depends on the nature of the work:
Category A: Asbestos Awareness
Who: All workers who may encounter asbestos during their work (e.g. maintenance workers, electricians, plumbers, decorators, builders)
Content: Properties of asbestos, health effects, types of ACMs, how to avoid disturbing ACMs, emergency procedures
Category B: Non-Licensed Work
Who: Workers who carry out non-licensed asbestos work (e.g. minor work on asbestos cement in good condition)
Content: All Category A content, plus practical training in safe working methods, PPE and RPE selection and use, decontamination procedures
Category C: Licensed Work
Who: Workers employed by Licensed asbestos contractors
Content: All Category A and B content, plus detailed training in licensed removal techniques, controlled area procedures, four-stage clearance, and waste disposal
Briefing Contractors Before Work Begins
Under Regulation 4(10) of CAR 2012, the duty holder must ensure that information about the location and condition of ACMs is provided to any contractor who may disturb them. This is not optional: it is a legal duty, and failure to brief contractors has resulted in prosecutions of both duty holders and contractors.
Before any contractor starts work on your premises, you must provide them with a copy of the relevant sections of the asbestos register, a site briefing confirming the location of all ACMs in the work area, a permit to work if the work is in a high-risk area, and confirmation that the contractor is competent to carry out the work safely. For licensed asbestos work, the contractor must hold a current licence and must notify the HSE at least 14 days before starting work.
What to Do if Asbestos Is Accidentally Disturbed
Do not attempt to clean up asbestos debris yourself. Standard vacuum cleaners and cleaning products are not suitable and will spread fibres further. Contact an licensed contractor immediately.
1
Stop work and evacuate
Immediately stop all work in the affected area. Evacuate all personnel and prevent re-entry. Cordon off the area.
2
Do not disturb further
Do not attempt to clean up debris, move materials, or ventilate the area. Any movement will spread fibres.
3
Contact an licensed contractor
Call an Licensed asbestos contractor for emergency decontamination and air testing. We provide emergency response across Surrey and London: call 07345 062075.
4
Report under RIDDOR
If any employee was exposed to asbestos, the incident must be reported to the HSE under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
5
Review and update the management plan
After the incident is resolved, review the asbestos management plan to identify how the disturbance occurred and what measures will prevent recurrence.
6
Document everything
Keep a full record of the incident, the response, the air test results, and any corrective actions. This documentation may be required by the HSE, insurers, or in any subsequent legal proceedings.
Common Questions
Does my workplace need an asbestos survey?
If your workplace was built before 2000, it is likely to contain asbestos-containing materials (ACMs). Under Regulation 4 of the Control of Asbestos Regulations 2012 (CAR 2012), the duty holder must take reasonable steps to identify ACMs and assess their condition. A management survey is the standard starting point for most occupied workplaces. A refurbishment/demolition survey is required before any intrusive work. If you do not know whether your building contains asbestos, you must assume it does and manage it accordingly.
Who is the duty holder for asbestos in a workplace?
The duty holder is the person who has control of the premises: typically the employer, building owner, or facilities manager. In multi-occupancy buildings, the duty may be shared between the landlord (for common areas and building fabric) and individual tenants (for their demised areas). The duty holder must identify ACMs, assess their condition, prepare a written management plan, and ensure all employees and contractors are informed. Failure to comply is a criminal offence under the Health and Safety at Work Act 1974.
What is an asbestos management plan and is it a legal requirement?
An asbestos management plan is a written document that records the location and condition of all ACMs in a building, the risk assessment for each, the management measures in place, and the schedule for monitoring and review. Under Regulation 4 of CAR 2012, it is a legal requirement for any non-domestic premises where ACMs are present or likely to be present. The plan must be kept up to date, reviewed regularly, and made available to anyone who may disturb ACMs.
What happens if asbestos is accidentally disturbed at work?
If asbestos is accidentally disturbed, the area must be immediately evacuated and cordoned off. Do not attempt to clean up the debris. Contact an Licensed asbestos contractor for emergency decontamination and air testing. If any employee was exposed, the incident must be reported to the HSE under RIDDOR. The employer must also carry out a review of the asbestos management plan to prevent recurrence. Document everything: the incident, the response, the air test results, and any corrective actions taken.
Do employees have the right to know about asbestos in their workplace?
Yes. Under Regulation 4(10) of CAR 2012, the duty holder must ensure that information about the location and condition of ACMs is made available to anyone who is liable to work on or disturb them. This includes employees, maintenance staff, contractors, and emergency services. Employees also have the right to be consulted on health and safety matters under the Safety Representatives and Safety Committees Regulations 1977 and the Health and Safety (Consultation with Employees) Regulations 1996.
How often should an asbestos management survey be reviewed?
The asbestos register and management plan should be reviewed at least annually, and whenever there is a change in the condition of known ACMs, a new ACM is discovered, or any work is carried out that could affect ACMs. Re-inspection surveys of known ACMs should be carried out every 6–12 months, depending on the condition and risk level of the materials. The management plan itself should be formally reviewed and updated after any incident involving ACMs.
Can I carry out asbestos work myself in my workplace?
Licensed asbestos work: including the removal of asbestos insulation board, sprayed coatings, and pipe lagging: must be carried out by an licensed contractor. Non-licensed work (such as painting over intact asbestos cement) can be carried out by a competent person with appropriate PPE and RPE, but must still be planned and risk-assessed. Notifiable non-licensed work (NNLW) must be notified to the HSE before it starts. In practice, most employers use specialist contractors for all asbestos work to ensure compliance and avoid liability.
What training do employees need for asbestos awareness?
Under Regulation 10 of CAR 2012, any employee who may come into contact with asbestos during their work must receive asbestos awareness training. This includes maintenance workers, electricians, plumbers, decorators, and any other trades that carry out work on building fabric. The training must cover the properties of asbestos, the health effects of exposure, the types of ACMs likely to be encountered, and the emergency procedures for accidental disturbance. Training should be refreshed regularly: typically every one to three years.
Further Guidance
Discuss Your Requirements
Scope, provider requirements, price and availability are confirmed for the individual enquiry. Licensable work requires an HSE-licensed contractor.