A Complete Guide to the Control of Asbestos at Work Regulations

What is the Control of Asbestos at Work Regulations?

The Control of Asbestos at Work Regulations, or CAR 2012, refer to a set of legal requirements enforced by the Health and Safety Executive (HSE) in the United Kingdom. Applicable to all non-domestic premises (e.g., industrial sites, commercial buildings, communal areas, etc.), these regulations protect workers and others from health risks associated with asbestos exposure.

The Trouble with Asbestos

Asbestos is a naturally occurring mineral composed of microscopic fibers. When disturbed, these thin, durable threads can become airborne, easily inhaled, and get trapped in the lungs. The World Health Organization (WHO) and the International Labour Organization (ILO) estimate that over 200,000 deaths annually are attributable to these asbestos-related diseases:

• Lung cancer – An international study shows that over a third of all lung cancers are linked to occupational exposure to this hazardous substance.

• Mesothelioma – This rare and aggressive cancer forms tumors in the membrane lining of the lungs, heart, belly, and testes. This disease often takes 20 to 60 years to develop, meaning that the prognosis is poor by the time it’s discovered.

• Asbestosis – This disease causes the lungs to become thickened and scarred, making breathing difficult. Because this has no cure, the treatment for this is primarily symptomatic.

• Other cancers – People exposed to asbestos have a higher risk of contracting other cancers in the larynx, pharynx, ovary, colorectal, and stomach.

Since it’s a genotoxic carcinogen, there are no safe levels of asbestos. Even the smallest amount of this substance can pose a risk of developing life-threatening diseases.

Importance of the Control of Asbestos at Work Regulations

The UK formally recognized asbestos as dangerous in the 1930s, per the Merewether and Price report. Growing medical evidence, public and worker advocacy, and legal and financial pressures are the main drivers of the law.

Companies that strictly adhere to these regulations gain significant benefits other than high levels of compliance. Reducing asbestos exposure prevents serious illnesses among employees, leading to a healthier and more productive workforce. This directly lowers costs associated with hospitalization, compensation, shutdowns, remediations, and potential litigations. Finally, demonstrating a commitment to eradicating hazardous substances in the workplace enhances the company’s reputation among clients, regulators, and the general public.

Employer Responsibilities Under CAR 2012

Due to the persistent occurrence of asbestos-related diseases, the Control of Asbestos at Work Regulations underwent several expansions. The 1969 and 1987 versions introduced exposure limits and added requirements, while CAR 2012 aimed to align the local laws with the EU EHS standards and directives. Here are the most critical obligations:

1. Identify the duty holder.

The “duty holder” is the person or organization responsible for managing asbestos in non-domestic premises. This may be the employer, building owner, landlord, or managing agent. Assigning this responsibility avoids confusion and establishes accountability for the control of asbestos at work.

Best Practices:

• Formally document who the duty holder is and communicate this across the organization.

• Ensure the duty holder understands their legal obligations under CAR 2012.

• Support the duty holder with training and access to competent advisors.

2. Conduct an asbestos survey.

Unidentified asbestos can be disturbed, releasing fibers and accidentally exposing workers or the public. Carrying this survey out identifies the presence, type, and condition of Asbestos-Containing Materials (ACMs) in the building.

Types of Asbestos Surveys:

• Management surveys locate the presence and extent of any surface ACMs in a building that may be damaged or disturbed during normal occupancy.

• Refurbishment and demolition surveys are conducted before construction jobs.

• Re-inspection surveys are periodic checks on the condition of previously identified ACMs per the asbestos register.

• Asbestos sampling and identification is a partial survey that involves the sampling of suspect materials for laboratory analysis.

• Air monitoring involves testing the air for the presence of asbestos fibers after removal work or when there may have been an accidental disturbance of asbestos.

3. Create and maintain an asbestos register.

The asbestos register records all known or presumed asbestos in the building. This document includes the location, type, and condition of ACMs, ensuring that anyone working on the premises understands the risks and can take the necessary precautions.

Best Practices:

• Include photos, lab results, and material risk ratings for clarity.

• Upload the documents into a digital register, making it accessible to all relevant parties.

• Review and update the register at least annually or after any major change.

4. Develop an asbestos management plan.

This structured and proactive plan outlines control measures, roles and responsibilities, communication plans, and review procedures for exposure prevention and management.

Specific Points to Include:

• Location and condition of ACMs

• Appointed personnel or duty holders and their duties

• Safe work procedures (e.g., engineering controls, cleaning, and disposal of asbestos)

• Training programs and continuous information dissemination

5. Provide information and targeted training.

Inadequate knowledge can lead to accidental disturbance, fiber release, and serious health outcomes. Employers should ensure that all workers who may come into contact with asbestos receive proper training.

Training Topics to Include:

• Asbestos health hazards

• Asbestos-containing materials

• The principle of “do not disturb” and how to safely accomplish this

• Basic hygiene measures (e.g., no eating or drinking, handwashing)

• Emergency procedures (i.e., stop work, evacuate, prevent others from entering)

6. Arrange for licensed removal (when required).

Employers should employ HSE-licensed contractors if there’s a need for asbestos removal or disturbance. These professionals follow strict protocols that minimize fiber release and protect everyone on site.

Best Practices:

• Use contractors listed on the HSE database of licensed asbestos professionals.

• Notify HSE 14 days before high-risk removal works begin.

• Require contractors to provide method statements and air clearance certificates.

Overcoming Common Compliance Challenges

Many companies still struggle to comply with this EHS regulation, given the fact that asbestos is still the leading cause of work-related deaths in the UK. Here are the most common obstacles and, more importantly, how they can be addressed to lower the staggering number of fatalities:

• Failure to appoint a responsible duty holder – Compliance efforts will fail if there’s no designated duty holder or the one assigned doesn’t understand their obligations. Formally appointing a duty holder in writing and providing the necessary training on CAR 2012 responsibilities is the first step to meeting the regulation.

• Poor recordkeeping and asbestos registers – Without access to reliable records, teams can’t properly assess risks or avoid ACMs at work, increasing the chance of exposure. Maintaining a digital asbestos register linked to building plans is the best way to ensure everyone gets the information needed before work starts.

• Delays in asbestos remediation – Leaving damaged or deteriorating ACMs poses a high ongoing exposure risk and legal liability. While this endeavor costs a lot of money, prioritizing this is non-negotiable. Budget funds for licensed contractors and immediately schedule work during low occupancy periods.