Licence

Licence to work with asbestos (England, Wales & Scotland)

You need a licence to work with asbestos in England, Wales and Scotland

England, Wales and Scotland Issued by Department for Work and Pensions

What this covers

Chemicals and petroleumBuilding and constructionCleaningEnvironment: management and waste

Why you need it

The power to require it sits in Control of Asbestos Regulations 2012, secondary legislation made under powers in other legislation.

What the Regulations carry

What our graph holds for Control of Asbestos Regulations 2012 as a whole — the Regulations behind this licence, not the licence conditions themselves.

Duties on businesses
25
Penalties
16
Exemptions
5

Duties on businesses under the Regulations

  • Label all products, waste, and raw materials containing asbestos Schedule 2
  • Identify and manage asbestos in non-domestic premises s.4
  • Identify asbestos before starting work s.5
  • Assess and record asbestos risks before starting work s.6
  • Prepare and follow a written plan of work for asbestos s.7
  • Hold an HSE asbestos licence before undertaking licensable asbestos work s.8

… and 19 more business duties in the same Regulations.

What happens if you get it wrong

  • Carry out asbestos risk assessment and control before work 2 years imprisonment
  • Provide and maintain clean protective clothing for asbestos work 2 years imprisonment
  • Provide washing, changing & storage facilities for asbestos work 2 years imprisonment
  • Designate, signpost and control access to asbestos and respirator zones 2 years imprisonment
  • Ensure asbestos testing meets ISO‑17025 standards 2 years imprisonment

… and 11 more penalties in the same Regulations.

Exemptions that may take you outside it

  • Buildings used for asbestos processes before March 1988 exempt from design rule — Buildings used for asbestos processes prior to 1st March 1988 in compliance with then-current regulations
  • Exemption from asbestos notification for specific low-risk work — Work with asbestos which is not licensable and is exempted by regulation 3(2)
  • Exemption from mandatory asbestos air monitoring — Exposure is not liable to exceed the control limit or compliance is demonstrated by another evaluation method
  • Low-intensity asbestos work exempt from notification, designated areas, and health surveillance — Sporadic and low intensity exposure; risk assessment shows no exceedance of the control limit; and work involves short non-continuous maintenance …
  • Valid existing asbestos licences and exemptions remain in force — Holding a valid asbestos licence or exemption certificate granted under the 1983, 1992, 2002, or 2006 Regulations

Read our full dossier on Control of Asbestos Regulations 2012

Who issues it

This one does not go to your council. It is issued by Department for Work and Pensions.

Where to apply

Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.