Asbestos in the Workplace: What Employers and Duty Holders Must Know

The Scale of the Problem

The Health and Safety Executive estimates that around 5,000 people die from asbestos-related diseases in the UK every year — more than from road traffic accidents. Of these, approximately 2,500 die from mesothelioma, an aggressive cancer of the lung lining caused almost exclusively by asbestos exposure. The majority of these deaths are the result of occupational exposure that occurred decades ago, during the period when asbestos was used extensively in construction, shipbuilding, and manufacturing.

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.

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.

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.

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:

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:

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:

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

Frequently Asked Questions