Asbestos Legislation in the United Kingdom

The dangers of asbestos were largely ignored in the United Kingdom for many decades, until use of the mineral was finally banned in 1999. Unfortunately, hundreds of thousands of individuals were exposed to asbestos prior to the ban, which places many at risk of asbestos-related diseases such as mesothelioma, lung cancer and asbestosis.

The dangers associated with the inhalation of asbestos fibers have been known for many years, but legislation to regulate the use of the toxic substance did not exist until the late 20th century. Many company owners and executives were aware that asbestos was making their employees sick, yet owners were content to keep the hazards quiet and downplay the risks associated with asbestos exposure.

Due to the increasing number of mesothelioma diagnoses in the second half of the 20th century, the government of the United Kingdom began to acknowledge the connection between asbestos exposure and asbestos-related diseases of the lungs. Legislation is now in place to protect those who were sickened by asbestos as well as those who might still encounter the material, which remains in buildings throughout England, Scotland and Wales.

Asbestos Prohibition Laws

Asbestos prohibition laws began in the 1980s with the outlaw of the use and import of the two most toxic forms of asbestos – the amphibole varieties known as blue (crocidolite) asbestos and brown (amosite) asbestos. White (chrysotile) asbestos was not included in the initial ban in 1985, but it was later included when the ban was expanded in 1992 to regulate some uses of the chrysotile variety. In 1999, the United Kingdom officially banned all types of asbestos, including both the use and import of asbestos-containing materials and raw fibers.

The Control of Asbestos Regulations (2006) act combined the above legislation into one single law that prohibits the use, supply and importation of all asbestos. This law prevents new uses of the mineral but allows existing asbestos to remain intact if it is in good condition and undisturbed. The 2006 act also set maximum exposure limits and demanded that anyone who was at risk of encountering asbestos on the job be trained as in the proper handling of the material.

According to the Control of Asbestos Regulations (2006), the following asbestos products and work activities relating to asbestos are no longer allowed in the U.K., unless the products were manufactured prior to November 1999:

• Spraying of asbestos materials as a surface coating
• Use of low-density insulating or soundproofing materials made from asbestos
• Importation of asbestos-containing products
• Use of asbestos cement
• Use of boards, panels or tiles covered in asbestos paint or plasters

Controlling Asbestos at Work

The Asbestos Regulations of 1969 were the first U.K. laws designed to help control asbestos exposure in the workplace, but statutory control procedures were not introduced until nearly 20 years later, when the Control of Asbestos at Work Regulations (1987) were put into effect. In 1993, those laws were again amended to make it mandatory to substitute other suitable, safer products for asbestos wherever possible. In 2002, the bill was amended yet again to require that all workplaces identify any existing asbestos or asbestos-containing materials and manage the asbestos to ensure the safety of workers.

Asbestos Licensing Laws

In 1983, the Health and Safety Executive (HSE) passed legislation which stated that all contractors working with asbestos insulation or coating had to be licensed through the HSE. Asbestos insulation board was added to the list of license-required materials in 1998.

Under the 2006 Control of Asbestos Regulations, nearly all work involving asbestos insulation products must be performed by a licensed professional. The law also states that work must be performed in accordance with the approved code of practice, and any plans for the removal of asbestos must be submitted to the HSE at least two weeks prior to the beginning of work.