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Regulating Asbestos: Where we are and where are we going?

Regulating Asbestos: Where we are and where are we going?

The European Commission is drafting new non-binding good practice guidelines for the safe management of asbestos at work. This comes one year after the European Parliament adopted Directive (EU) 2023/2668 setting stricter regulations on asbestos exposure throughout the EU.

The new directive established a new exposure limit of 0.01 fibres per cubic centimetre, which will be further reduced to 0.002 fibres per cubic centimetre by 2026. These new limits differ significantly to how asbestos is currently regulated in the UK where there’s a duty to avoid exposure or control exposure to As Low As Reasonably Practicable (ALARP).

In the UK, the primary legislation governing asbestos continues to be the Control of Asbestos Regulations 2012. Despite the EU’s influence, the UK’s regulatory framework is unlikely to adopt the new EU standards automatically. However, considerable pressure exists to consider similar reforms, especially given the health risks associated with asbestos exposure and widespread awareness of asbestos-related diseases.

The Health and Safety Executive (HSE) has committed to maintaining high health and safety standards and has expressed an interest in reviewing regulations to reduce business burdens as part of post-Brexit regulatory reform. The future of asbestos regulation in the UK is likely to follow one of two paths. In the short term, the UK will likely maintain its current approach, which balances worker protection with a pragmatic view of business needs. However, as the EU moves forward with its stricter regulations, the UK might come under pressure to align its policies, especially from stakeholders advocating for greater protection and the safe removal of asbestos from all non-domestic buildings, as recommended by the Work and Pensions Committee in 2022.

Longer-term changes to UK asbestos regulation could involve mandatory removal of asbestos, introduction of lower exposure limits, more robust health surveillance or a combination of these. This would follow calls from UK parliamentary groups and health advocates for a clearer, long-term strategy for asbestos eradication. The UK has seen increasing calls from these groups for a clearer, long-term strategy for asbestos eradication. These voices emphasise the urgent need for systematic and proactive measures to tackle asbestos, which remains a significant health hazard despite the banning on the import and use of brown (amosite) and blue (crocidolite) asbestos in 1985 and final banning of the selling, import and export of asbestos-containing materials in November 1999.

One of the most notable reports advocating for asbestos eradication comes from the All-Party Parliamentary Group on Occupational Safety and Health (APPG), which in 2015 published a report titled “The Asbestos Crisis: Why Britain Needs an Eradication Law”. This report called for a “safe, phased, and planned removal” of asbestos from all buildings across the UK, recognising the widespread presence of asbestos in schools, hospitals, and other public buildings, and the health risks posed by even low levels of exposure.

Additionally, the Work and Pensions Committee held an inquiry into the Health and Safety Executive’s (HSE) approach to asbestos management in 2021-2022. In its final report published in March 2022, the Committee recommended that the government establish a 40-year timeline for the removal of asbestos from all non-domestic buildings. The report argued that the HSE had been slow to address the issue and needed to develop a comprehensive strategy for asbestos eradication. The Committee also called for more investment in research to better understand the extent of asbestos exposure in buildings and the most effective removal methods.

Health advocacy groups have echoed these concerns, pushing for tighter controls and better awareness. For example, The Joint Union Asbestos Committee (JUAC) has consistently campaigned for stronger legislation that mandates asbestos removal, particularly in schools, where children and staff could be at risk of exposure. A current campaign by The Daily Mail reported that many school buildings still contain asbestos and that the material if disturbed, poses a significant threat to public health. The Daily Mail ‘Asbestos: Britain’s Hidden Killer’ campaign highlights that at least 21,000 schools in the UK currently contain asbestos, and there is no available data on whether this asbestos is undisturbed, or potentially exposing teachers, children, and maintenance workers to asbestos-related diseases.​

Asbestos-related diseases kill around 5,000 people annually in the UK, a figure that has not decreased significantly despite the long-standing ban. This has led to increased pressure for more decisive action beyond the current “manage in place” approach, which allows asbestos to remain in buildings, as long as it is undisturbed and safely managed. The argument for asbestos eradication is rooted not only in health concerns but also in economic and long-term safety benefits. Proponents argue that a clear eradication strategy would prevent future asbestos-related illnesses and deaths, while also saving long-term healthcare costs. Although the government has yet to commit to a national eradication plan, growing awareness and continued advocacy could lead to stricter regulations or mandatory removal in the future.

This push for asbestos eradication mirrors international trends, especially with the new EU directive aiming for stricter limits and better worker protections. As the UK remains a significant asbestos hotspot due to its industrial past, the alignment of its policies with such evolving global standards might become inevitable in the coming years.

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