Asbestos has been a concern in the UK for decades because of its discovered toxicity to humans. The Control of Asbestos at Work Regulations 2002 and subsequent Control of Asbestos Regulations 2006 were critical in regulating asbestos handling and management. They helped the public and professionals when they encountered asbestos and worked to prevent further exposure in the future.
But when was asbestos banned in UK? In this article we’ll get into the nuance of the ban and the control acts that followed in the subsequent years.
Asbestos regulations
Asbestos was banned in November 1999 in the UK. Following the ban, regulations came in that assisted in how to manage the substance:
Control of Asbestos at Work Regulations 2002
The Control of Asbestos at Work Regulations was introduced in 2002 to help safeguard workers from the health risks that come with exposure to the substance. The Health and Safety Executive (HSE) played a key part in enforcing these regulations by providing guidance and best practice for employers.
The aim of this act was to reduce the health risks of asbestos in spaces like factories, offices, schools, hospitals, and any other workplace where the substance might be present. It required employers and duty holders to take protective measures to manage the risks associated with exposure to asbestos.
One of the key parts of the 2002 regulations was the strict limit of asbestos fibre exposure:
| Type of exposure | Limit | Duration |
| Airborne exposure | 0.1 fibres per cubic centimetre (f/cm²) | 4-hour period |
| Short-term exposure | 0.6 fibres per cubic centimetre (f/cm²) | 10-minute period |
These exposure limits were essential for limiting the risk of asbestos-related diseases and ensuring workplace safety.
In 2006, the Control of Asbestos at Work Regulations was replaced by the Control of Asbestos Regulations Act.
Control Of Asbestos Regulations Act of 2006
Building on the Control of Asbestos at Work Regulations, the Control of Asbestos Regulations Act of 2006 introduced stricter controls and expanded the scope of asbestos management. This was to ensure that all aspects of asbestos handling, from identification to removal, were covered under the law.
The main aim of the 2006 regulations was to provide a better way of managing asbestos, from maintenance and repair to removal. This applied to all employers, building owners and occupiers responsible for non-domestic premises. Focused on the building duty holders – those in charge of maintenance or repair of the premises – the regulations wanted all who manage asbestos to handle it by using the following steps:
- Identify asbestos-containing materials (ACMs): Duty holders must conduct thorough surveys to determine if there is ACM on the premises.
- Assessing risk: If ACMs are identified, duty holders must assess the risk of exposure – looking at how likely a release of the toxic fibres could happen.
- Creating an asbestos management plan: A plan should be devised that outlines how the asbestos will be dealt with immediately and going forward.
- Communicating with workers and tenants: Employers must inform workers and landlords must inform tenants of the threat and make them aware of how they will handle the situation. In the workplace, there should also be training developed around the subject.
If duty holders didn’t comply with the Control of Asbestos Regulations Act 2006, the consequences were severe, including fines and even imprisonment. Ignoring ACMs can put the lives of staff or tenants at risk and would’ve left those responsible open to legal liabilities and reputational damage.
The Control Of Asbestos Regulations Act 2012
Today, the Control of Asbestos Regulations Act 2012 provides relevant asbestos-related legislation and helps all who work with the substance manage risk of exposure. The key parts of this act are as follows:
- Duty holders must assess and manage asbestos in non-domestic properties.
- Work that involves asbestos management or removal must be reported to the relevant authorities.
- There must be up-to-date training given to all who handle the substance.
- There must be medical surveillance for workers who have been exposed to asbestos going forward.
As of 2024, this legislation remains in place and must be adhered to by duty holders across the UK.
Asbestos risk assessment and training
You must regularly review and update any asbestos risk assessments as they are critical in helping to identify new hazards and evaluate the effectiveness of current control measures. By keeping on top of any risks regarding asbestos, you are keeping your workforce or dependables safe.
Training is just as important as running regular risk assessments. By giving your workers knowledge and skills on how to handle asbestos safely and how to avoid health risks, you could save their lives.
Licensing requirements for working with asbestos
A licence is necessary for activities such as asbestos removal, repair, and maintenance work that could disturb ACMs and release fibres into the air. Engaging in asbestos work without the required licence is illegal and poses significant risks to both workers and the public. Unlicensed work can lead to uncontrolled asbestos fibre release, which can result in severe health hazards.
Why was asbestos banned?
Asbestos was banned because it has been linked to several severe health issues. The released fibres are breathed in and become lodged in the lungs, which can lead to the following diseases:
- Lung cancer: Asbestos exposure increases the chance of lung cancer, especially in smokers.
- Mesothelioma: This is a rare and aggressive form of cancer that affects the lining of the lungs and abdomen. This disease is caused almost exclusively by asbestos exposure.
- Asbestosis: This is a chronic lung condition where scarring on the lungs leads to respiratory issues and reduced lung function.
The ban was introduced to protect workers and the public from these illnesses. The effects of asbestos diseases may not be felt for decades in some cases, so by eliminating the substance from construction and insulation products, the ban protects the next generation from such illnesses.
Asbestos exposure compensation and claims
Depending on how you have been affected, there are different ways you can approach an asbestos exposure compensation claim:
- Asbestos claims: You’ll have three years from the date of your asbestos related diagnosis to make a claim for compensation.
- Mesothelioma claims: You’ll have three years from the date of your mesothelioma diagnosis to make a claim for compensation.
These claims seek to hold responsible parties accountable for failing to protect you from asbestos exposure. These claims, especially Mesothelioma, normally involve significant financial compensation, given the disease’s aggressive nature and the high costs of treatment and care.
Have you suffered from asbestos exposure?
Navigating asbestos compensation claims or mesothelioma claims can be complex, and legal assistance is often necessary to ensure a successful outcome. Our team of lawyers have years of experience in asbestos litigation and can help you build a strong case, gather necessary evidence and negotiate settlements.
With over 20 years in the industry, we’ll be sure to tackle your case with respect and efficiency. See what our clients say about our tact by taking a look at our Trustpilot reviews.
Get in touch today to begin your claim and find out how much compensation you may be entitled to.