HSEGreat Britain · Asbestos rules7 November 2026 · 3 min read

HSE to strengthen asbestos clearance requirements

HSE will amend asbestos clearance requirements and retain NNLW as industry prepares for changes from November 2026.

A worker in disposable protective clothing stands beside a sealed asbestos work enclosure while air-testing equipment is used. — Illustration

Regulation change: Regulation 20 of CAR 2012 will be amended
Change in force: 24 November 2026
Transition period: Industry has 12 months before enforcement in November 2027
NNLW status: Notifiable Non-Licensed Work will be retained

What HSE said

The Health and Safety Executive’s consultation response says it will amend regulation 20 of the Control of Asbestos Regulations 2012. The change concerns independence and impartiality in the four-stage clearance process, covering air testing and site clearance certification. It is intended to remove potential conflicts of interest where the licensed asbestos removal contractor appoints the asbestos analyst.

The statutory instrument is due to come into force on 24 November 2026. Industry will have 12 months to make the change before HSE enforces it in November 2027. HSE also says it will update its asbestos guidance later this year and has developed online guidance to help dutyholders appoint third-party service providers.

HSE said consultation responses consistently pointed to behaviours and competence, including dutyholders’ understanding of their responsibilities, commissioning practices and the practical application of regulatory requirements. Rick Brunt, HSE’s Director of Engagement and Policy, said: "We are now able to confidently strengthen asbestos safety regulations and make changes to guidance that will help us deliver on our commitment to reduce asbestos exposure across Great Britain."

The lines that were missing from the RAMS

This is a regulatory change rather than a report of one particular site’s RAMS failure. The HSE release does not identify a project, contractor or set of missing RAMS controls. It does, however, identify the control that is changing: the licensed asbestos removal contractor should not appoint the asbestos analyst where that could create a conflict in the four-stage clearance process under regulation 20 of the Control of Asbestos Regulations 2012.

The HSE guidance on managing and working with asbestos explains that the Control of Asbestos Regulations 2012 cover work that disturbs, or is likely to disturb, asbestos, as well as asbestos sampling and laboratory analysis. It also identifies requirements for certain non-licensable work, including notification, designated areas, medical surveillance and record keeping.

The HSE release says the category known as Notifiable Non-Licensed Work will be retained. It also says improved guidance will be developed to support its correct use. The release does not set out a new list of RAMS wording for NNLW, so the task-specific controls still need to be identified for the work being planned.

What this means for a RAMS

For asbestos-related work, the RAMS should identify whether the planned activity may disturb asbestos and set out the arrangements required by the Control of Asbestos Regulations 2012. The HSE’s L143 publication contains the regulations and practical guidance for employers, including work with asbestos, sampling and laboratory analysis.

Record how the asbestos survey information will be used before work starts, who is responsible for commissioning specialist services and how the work will be categorised. Where the activity may be NNLW, the RAMS should state the notification arrangements, designated work areas, required supervision and record keeping. The source material does not specify the wording or format for those arrangements.

For clearance work, set out the separation between the licensed asbestos removal contractor and the analyst, including who appoints the analyst and how independence will be maintained. The HSE Analysts’ Guide is the authoritative source of asbestos analytical procedures in Great Britain and covers sampling and four-stage clearances.

The RAMS should also identify the arrangements for air testing, site clearance certification, medical surveillance where required, and retaining relevant records. Check these details against the task, the survey and the current Control of Asbestos Regulations 2012 guidance, while allowing for the regulation 20 change that comes into force in November 2026.