The Control of Asbestos Regulations 2012 were introduced in response to a complaint made to the European Commission the Britain had under implemented the requirements of Article 3 of Directive 2003/18/EC, designed to strengthen protection for maintenance workers. As a result of this CAR 2012 subsequently made the changes required to comply whilst avoiding inappropriately extending the application of the UK requirement to hold a licence to short term low risk work.
In March 2017 HSE published its Post Implementation Review of CAR 2012 which seeks to document the effectiveness of the changes made to the Regulations and suggests further actions for the future.
In brief the review concludes that based on the collective research supporting the PIR the Government considers that the Regulations are achieving their intended objectives and that those objectives remain valid and that Government intervention by regulation is still required and remains the most effective way to control the risks of exposure to asbestos.
There are areas where the recommendations from the PIR can be taken forward to provide greater clarity for dutyholders and potentially reduce the burden on business:
- Greater clarity is needed around the distinction between licensable, non-licensable and notifiable work with asbestos
- Clearer Information is needed on dutyholders’ roles and responsibilities around duty to manage asbestos in nondomestic premises
- Greater guidance should be given around practical examples of written plans of work
- Alignment of frequencies for medical examinations for licensable and notifiable work
So we should some expect some further guidance and changes in the future.