Sixth Report - The Health and Safety Executive’s approach to asbestos management

Select Committee
Work and Pensions Committee HC 560 21 April 2022
Report Status Government responded
Conclusions & Recommendations 27 items (14 recs)
Government Response (AI assessment · 27 of 27 classified)

Recommendations

14 results
2 Acknowledged
We recommend that HSE and Government use the conclusions and recommendations from our report to...
Recommendation
We recommend that HSE and Government use the conclusions and recommendations from our report to inform both its immediate post implementation review of the asbestos regulations and its longer-term approach to asbestos management. (Paragraph 15) The asbestos risk today Read more
Government Response Summary
HSE has considered whether any of the inquiry findings are relevant to the scope and evidence which was gathered as part of the PIR and will consider using recommendations from the inquiry to inform its plan of work to take forward areas from the PIR.
Department for Work and Pensions
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5 Acknowledged
We recommend that HSE develops and implements a robust research framework for the systematic measurement...
Recommendation
We recommend that HSE develops and implements a robust research framework for the systematic measurement of current asbestos exposures in non-domestic buildings, using a range of measurement and sampling techniques and informed by international experiences and approaches. It should ensure … Read more
Government Response Summary
HSE has a Science and Evidence Strategy and Delivery Plan, and will continue to publish findings, but will assess priorities for further research as part of its forward programme, engaging with duty holders for public buildings. They are also trialling new methods for capturing information about duty holder compliance with health and safety regulations.
Department for Work and Pensions
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6 Rejected
We also recommend that the Government investigates opportunities to improve the occupational information recorded on...
Recommendation
We also recommend that the Government investigates opportunities to improve the occupational information recorded on death certificates. (Paragraph 32) A strategic approach to asbestos management
Government Response Summary
The Government does not recommend collecting additional occupational information through death registration, citing challenges, potential bias, and the need for collaboration with other departments, stating this approach is not recommended.
Department for Work and Pensions
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9 Accepted
Para 51
The Minister and HSE told us that their goal was to see asbestos gradually and...
Recommendation
The Minister and HSE told us that their goal was to see asbestos gradually and safely removed from GB’s buildings. We agree with its ambition but greatly regret that neither HSE nor the Government has articulated a clear and comprehensive … Read more
Government Response Summary
The government believes that GB currently has a mature and comprehensive plan to manage legacy asbestos risks, reflected in the Control of Asbestos Regulations 2012 and the duty to manage, which ensures management of risks of exposure and will eventually lead to the elimination of asbestos from the built environment.
Department for Work and Pensions
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10 Rejected
Para 52
We recommend that a deadline now be set for the removal of asbestos from non-...
Recommendation
We recommend that a deadline now be set for the removal of asbestos from non- domestic buildings, within 40 years. The Government and HSE should develop and publish a strategic plan to achieve this, focusing on removing the highest risk … Read more
Government Response Summary
The Government believes that GB currently has a mature and comprehensive plan to managing legacy asbestos risks and is concerned that moving to a fixed deadline for removal would increase the opportunity for exposure, stimulate poor removal and disposal practices, and significantly disrupt the use of many public estates.
Department for Work and Pensions
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12 Acknowledged
Para 63
We recommend HSE work with others in the UK and devolved governments to continue to...
Recommendation
We recommend HSE work with others in the UK and devolved governments to continue to review and share the evidence relating to routine, environmental, air monitoring of asbestos fibres. We ask that HSE writes to us in 12 months’ time … Read more
Government Response Summary
HSE will continue to retain its robust understanding of exposure trends and levels of duty holder compliance, assessing priorities for further research as part of its forward programme, prioritising against HSE’s wider research plan on work-related health and safety areas, engaging with duty holders for public buildings and those in charge of estates strategies.
Department for Work and Pensions
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14 Acknowledged
Para 67
We recommend that HSE strengthens its work with, and guidance to, dutyholders to make clear...
Recommendation
We recommend that HSE strengthens its work with, and guidance to, dutyholders to make clear their obligations to communicate asbestos information and risks to building contractors and users. We also recommend that HSE works with others in Government to sponsor … Read more
Government Response Summary
HSE will carry out targeted inspection activity across GB workplaces to check compliance with legal duties and will look to develop communications activity to support this wider inspection work and will continue its work with duty holders and those in charge of estates strategies for non-domestic buildings, to raise awareness of the legal requirements.
Department for Work and Pensions
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16 Rejected
We recommend that HSE works with others in government to develop a central digital register...
Recommendation
We recommend that HSE works with others in government to develop a central digital register of asbestos in non-domestic buildings, describing its location and type. In the first instance, the concept of a central register could be tested using asbestos … Read more
Government Response Summary
HSE argues that a central register would duplicate existing requirements and would require significant resource from dutyholders and government, with no clear indicator that asbestos exposure risks would be improved.
Department for Work and Pensions
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18 Accepted
Para 95
We recommend that HSE commits to a sustained increase in inspection and enforcement activity targeting...
Recommendation
We recommend that HSE commits to a sustained increase in inspection and enforcement activity targeting compliance with the Control of Asbestos Regulations. Repeating our recommendation from June 2020, the Government and DWP should ensure that it provides adequate funding to … Read more
Government Response Summary
HSE's commitment to focus on the risks related to managing asbestos exposure is a long-standing feature of its Business Plan, but budgets are not specifically allocated to individual risks such as asbestos exposure, because inspections and investigations focus on multiple potential risks.
Department for Work and Pensions
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20 Acknowledged
HSE should commit to investing more in sustained campaigning work across a range of media,...
Recommendation
HSE should commit to investing more in sustained campaigning work across a range of media, using multiple interventions and synchronising with the development of its wider strategy for asbestos management. It should employ robust evaluation methods to test what messages … Read more
Government Response Summary
HSE strives to ensure legal compliance and safety is enabled through clear and accessible guidance, they will look at communications activity around asbestos to ensure that opportunities to raise awareness with trades people most at risk of exposure, are maximised, prior to beginning any refurbishment or retrofitting work.
Department for Work and Pensions
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21 Acknowledged
Para 111
Currently in Great Britain, some asbestos removal work does not need to be undertaken by...
Recommendation
Currently in Great Britain, some asbestos removal work does not need to be undertaken by a licensed contractor but some of this will still need to be notified to HSE before work starts. The three-way categorisation of work is confusing … Read more
Government Response Summary
HSE will consider how to develop greater clarity around the categorisation of asbestos work, potentially simplifying the categories, and will develop further with stakeholders, subject to a full impact assessment and consultation.
Department for Work and Pensions
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22 Accepted in Part
Para 112
We recommend that HSE considers how it could consolidate, tighten, and simplify the current categorisation...
Recommendation
We recommend that HSE considers how it could consolidate, tighten, and simplify the current categorisation of asbestos works as part of its 2022 statutory review of the Control of Asbestos Regulations. Its review should carefully assess the net behavioural impacts … Read more
Government Response Summary
HSE will consider how the current categorisation of asbestos works could be developed further with stakeholders, considering simplification of categories set out within the regulations. Any change to the regulations would be subject to a full impact assessment and consultation.
Department for Work and Pensions
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25 Acknowledged
Para 122
We recommend that HSE makes it mandatory for all people conducting asbestos surveys to be...
Recommendation
We recommend that HSE makes it mandatory for all people conducting asbestos surveys to be accredited by a recognised accreditation body. We also recommend that HSE assesses the impact of making it a legal requirement for building owners or occupiers … Read more
Government Response Summary
HSE will engage with stakeholders to consider further how to ensure competence is enabled throughout the system regarding asbestos surveys and will engage with stakeholders to consider how guidance can be reinforced further regarding analysts being independently sourced and employed by the building owner or occupier in control of the premises.
Department for Work and Pensions
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27 Acknowledged
We recommend HSE ensures its current review of the Control of Asbestos Regulations includes a...
Recommendation
We recommend HSE ensures its current review of the Control of Asbestos Regulations includes a thorough written assessment of moves towards more stringent asbestos 52 The Health and Safety Executive’s approach to asbestos management occupational exposure limits in Europe. It … Read more
Government Response Summary
HSE will review peer-reviewed evidence on exposure levels that show tangible health benefits for GB workers and will conduct a full consultation and cost benefit analysis before introducing any changes to asbestos occupational exposure limits.
Department for Work and Pensions
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1 Conclusion Deferred
Para 14
Asbestos-related illness is one of the great workplace tragedies of modern times. Extensive use of asbestos in the twentieth century accounts for many thousands of deaths. The extreme exposures of the mid- to late twentieth century may be behind us, but its legacy lives on. Asbestos remains in many of …
Government Response Summary
HSE's Control of Asbestos Regulations 2012 (CAR) Post Implementation Review (PIR) will be published later this year and HSE is developing its plan of work to take forward areas from the PIR and will consider using recommendations from the inquiry to inform this work.
3 Conclusion Acknowledged
Para 29
Progress made since the gradual imposition of restrictions on the use of asbestos and its eventual ban in 1999 are no reason for complacency. Understanding the extent to which asbestos fibres are still being released from the fabric of buildings remains vital and requires different methods of analysis. Past measurement …
Government Response Summary
HSE has a Science and Evidence Strategy and Delivery Plan, and will continue to publish findings, but will assess priorities for further research as part of its forward programme, engaging with duty holders for public buildings. They are also trialling new methods for capturing information about duty holder compliance with health and safety regulations.
4 Conclusion Not Addressed
Para 30
Recent HSE data on the relative risk of mesothelioma deaths shows elevated rates for women whose last occupation was education and teaching. However, limitations in death certificate information means that the earlier occupational history of these people—which may be key to understanding the cause of their disease—is not known. Moreover, …
Government Response Summary
The government states why collecting additional occupational information through death registration or coronial processes would be challenging and thus not recommended.
7 Conclusion Accepted
Para 49
Under the Control of Asbestos Regulations 2012, asbestos-containing materials that are in good condition and are unlikely to be disturbed can be left in place by building dutyholders. Buildings containing asbestos will not last forever and, as HSE acknowledges, we do not know how long some of these materials, left …
Government Response Summary
The Government believes that GB currently has a mature and comprehensive plan to managing legacy asbestos risks that aligns with the best evidence currently available through the Control of Asbestos Regulations 2012 and the 'duty to manage'.
8 Conclusion Accepted
Para 50
Wholesale removal is not, however, without its own risk and uncertainty. Despite this, HSE has been slow to invest in research to better understand the costs and benefits of removal and to evaluate options for safer removal. This is becoming a more urgent task. The likely dramatic increase in retrofitting …
Government Response Summary
The government believes that GB currently has a mature and comprehensive plan to manage legacy asbestos risks, reflected in the Control of Asbestos Regulations 2012 and the duty to manage, which ensures management of risks of exposure and will eventually lead to the elimination of asbestos from the built environment.
11 Conclusion Acknowledged
Para 62
We are unconvinced that a significant further expansion in the use of air monitoring for the routine measurement of asbestos fibres is needed. Clearly, such monitoring is an important component both in assessing sites following asbestos removal work The Health and Safety Executive’s approach to asbestos management 49 and, potentially, …
Government Response Summary
HSE will continue to retain its robust understanding of exposure trends and levels of duty holder compliance, assessing priorities for further research as part of its forward programme, prioritising against HSE’s wider research plan on work-related health and safety areas, engaging with duty holders for public buildings and those in charge of estates strategies.
13 Conclusion Accepted
Para 66
Information about asbestos within buildings is often poorly communicated to users and contractors by dutyholders. Surveys and management plans which include critical information on asbestos are not always maintained as living and accessible documents. Opportunities to exploit digital technologies to improve communications on asbestos risks are being missed.
Government Response Summary
HSE states they recognize the importance of duty holders actively managing information and ensuring it is regularly communicated, and they will be carrying out targeted inspection activity and develop communications activity in this area to support wider inspection work, as well as continuing working with duty holders and those in charge of estates strategies for non-domestic buildings.
15 Conclusion Acknowledged
Para 82
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 …
Government Response Summary
The government acknowledges the committee's view on a central register of information on asbestos, but suggests that a new central register would duplicate existing information with no clear indicator that asbestos exposure risks would be improved, and that HSE will develop targeted communications activity to increase awareness and understanding of how to manage the risks and the importance of sharing information.
17 Conclusion Accepted
Para 94
HSE has experienced significant cuts in government funding. Lower grant funding has been partly mitigated by the introduction of its fee for intervention ‘cost recovery’ model but this cannot be used to target inspections of licensed asbestos removal work. It is not surprising, therefore, that HSE’s asbestos enforcement activity has …
Government Response Summary
HSE's business plan includes details of how HSE's activities are funded and sets out how HSE will deliver a range of different regulatory interventions and activities based on intelligence, targeting the most serious risks, focusing on industries with the greatest hazards and sectors with the worst risk management record.
19 Conclusion Acknowledged
Para 101
HSE promotes understanding of the dangers of asbestos, technical knowledge exchange and compliance with the asbestos regulations through its participation in domestic and international networks. HSE has also previously invested in significant campaigns targeting those occupations most likely to be exposed to asbestos. Campaigns such as ‘Hidden Killer’ were widely …
Government Response Summary
HSE strives to ensure legal compliance and safety is enabled through clear and accessible guidance, they will look at communications activity around asbestos to ensure that opportunities to raise awareness with trades people most at risk of exposure, are maximised, prior to beginning any refurbishment or retrofitting work.
23 Conclusion Acknowledged
Para 120
Asbestos surveyors have an important role in helping dutyholders to identify and manage asbestos in premises. We have heard concerns about the variable quality of surveys. It is not clear to us why the regulatory and quality requirements for asbestos surveyors should be less stringent than for analysts who must …
Government Response Summary
HSE engages with various stakeholders to ensure standards and competence are maintained for asbestos surveyors and will now engage with stakeholders to consider this further and how they can collectively ensure competence throughout the system.
24 Conclusion Acknowledged
Para 121
Despite their requirement to be accredited, the work of analysts continues to be compromised by regulatory arrangements which allow licensed asbestos contractors to commission their own analysts to check their work. We heard disturbing accounts from several sources that the current model undermines the independence of this critical quality check. …
Government Response Summary
HSE recognizes the evidence presented to the inquiry and will engage with stakeholders to consider how the guidance in HSG248 Asbestos: The Analysts’ Guide can be reinforced further regarding analyst independence.
26 Conclusion Acknowledged
Para 127
HSE has an important role in monitoring international developments in approaches to managing asbestos risk, assessing the balance of evidence, and commissioning its own research to understand workplace patterns of asbestos exposure and behaviour. The direction of travel in Europe is towards tighter regulation of asbestos and lower exposure limits …
Government Response Summary
HSE will review any robust, peer-reviewed evidence on exposure levels that show tangible health benefits for GB workers and will continue to monitor international developments in this area and the evidence base.