Wake-Up Call for Dutyholders Ahead of Asbestos Consultation

National law firm Clarke Willmott LLP is urging businesses to take note of a new consultation on asbestos regulations, warning that the proposals may signal tougher future enforcement and increased liability risks.

The review, launched by the Health and Safety Executive (HSE), aims to gather views on proposed changes to improve the application of the Control of Asbestos Regulations 2012 and guidance around asbestos management to help protect workers and building users.

Asbestos Consultation

The consultation seeks stakeholders’ views on three proposals: improving independence in the 4-stage clearance process, raising the standard of asbestos surveys, and clarifying what constitutes notifiable non-licensed work (NNLW).

Bridget Sanger, Senior Associate at Clarke Willmott

“While these proposals are not yet law, they indicate that compliance expectations may rise in the future,” said Clarke Willmott’s Bridget Sanger, who acts for organisations involved in police or HSE investigations.

“Businesses should take this consultation seriously and consider how the changes could affect their operations. It’s also a chance to think about practical challenges, influence guidance, and ensure that asbestos management processes are robust.”

Act Now

Asbestos continues to claim more lives than any other work-related hazard in the UK, despite its ban in 1999. The HSE estimates around 5,000 people die each year from diseases linked to asbestos exposure, such as mesothelioma, asbestosis, and asbestos-related lung cancer.

“Dutyholders should review their asbestos management procedures, ensuring that surveys are up to date, clearance processes are independent and staff understand their responsibilities,” added Bridget.

“It’s also important to clarify what counts as notifiable non-licensed work to avoid mistakes. Acting now can reduce the risk of fines, prosecution, or reputational damage, while ensuring a commitment to keeping people safe.”

The HSE consultation closes on 9 January 2026, and the regulator will consider all feedback before determining the next steps for the proposals.

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