Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what assessment the Government has made of the potential impact of the Retained EU Law (Revocation and Reform) Bill on the (a) ban on the use of asbestos in the UK and (b) Control of Asbestos Regulations 2012.

With the introduction of the Retained EU Law (REUL) Bill, the Health and Safety Executive (HSE) remains focused on ensuring that regulatory frameworks maintain the United Kingdom’s high standards of health and safety protection and continue to reduce burdens for business.

In Great Britain, the legislation which controls asbestos exposure risks in workplaces are the Control of Asbestos Regulations 2012 (CAR). These regulations are owned by the Health and Safety Executive.

Under these regulations HSE requires dutyholders to assess whether asbestos is present in their buildings, what condition it’s in and whether it gives rise to a risk of exposure. The duty-holder must then draw up a plan to manage the risk associated with asbestos which, importantly, must include removal of the asbestos if it cannot be safely managed where it remains in place. In addition to this, dutyholders are legally required to remove asbestos containing materials before major refurbishment or demolition work can occur.

Great Britain’s (GB) asbestos legacy remains a key issue and continuing to improve and build on the evidence base around safe management and disposal of asbestos is fundamental. However, concerns remain that moving to a fixed deadline for removal would increase the opportunity for exposure. This is difficult to support where the current risk of exposure is very low and asbestos can be managed safely in situ until planned refurbishment works.

Our standards of health and safety protections are among the highest in the world. HSE will continue to review its retained EU Law to seek opportunities to reduce business burdens and promote growth whilst maintaining the United Kingdom’s high standards of health and safety.