Asbestos and the Law

By Scott Philson


Up until the 1980s, asbestos products were commonly used in the construction industry. As time went on, the dangers associated with human contact with asbestos became increasingly apparent and as such, legislation was introduced to restrict how asbestos could be used. The most prominent piece of legislation in place today is the Control of Asbestos Regulations of 2006. Legislation surrounding asbestos has changed considerably over the years.

Asbestos has been used since ancient times and in the 1830s the mineral was used widely across the UK. The material was so popular due to its ability to insulate sound and heat, whilst being fire resistant. All of those qualities made asbestos an extremely popular material, particularly in the field of construction. However, by the late 1960s, the real dangers associated with asbestos became more and more apparent and as such, legislation had to be brought in to protect those who would come in contact with asbestos. In 1969 The Asbestos Regulations were introduced.

The next step in the regulation of working with asbestos came in 1983 with the introduction of the Asbestos (licensing) Regulations. This legislation stated that a Health and Safety Executive License was compulsory for anyone working with either asbestos coating or asbestos insulation. By 1987, the 1969 regulations were replaced by the Control of Asbestos at Work Regulations and these were further amended in 1993 to make it compulsory to substitute the use of asbestos with other materials (where possible).

Regulation of asbestos and asbestos products became even tighter still in 2002, with the introduction of 'duty to manage' policy. This legislation put further pressure on employers to ensure that workers were given a safe, asbestos free environment in which to work. Further amendments were made in 2003, when it became compulsory for anyone that planned to carry out work with asbestos that would require a license, to communicate their intentions at least 14 days before the work would be carried out.

The most recent change in the laws surrounding asbestos came in 2006, with the introduction of Control of Asbestos at Work Regulations. This was an amalgamation of all of the previous legislation, plus it changed the way that decisions were made about licensing. The decision would be made by assessing the risk involved in that particular case, rather than classifying all work with asbestos as being of the same risk.




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