Is Asbestos Covered by COSHH — And What Does That Mean for You?
Asbestos is the single biggest cause of work-related deaths in the UK, yet the question of exactly which regulations govern it still causes genuine confusion. Is asbestos covered by COSHH? The short answer is: not primarily. Asbestos has its own dedicated regulatory framework that sits alongside — but largely supersedes — the Control of Substances Hazardous to Health (COSHH) Regulations. Understanding the distinction matters enormously if you own, manage, or carry out work on buildings constructed before the year 2000.
This post sets out exactly how asbestos is regulated in the UK, where COSHH fits in, what duty holders are required to do, and how the Health and Safety Executive (HSE) enforces the rules.
What Is COSHH and What Does It Cover?
COSHH — the Control of Substances Hazardous to Health Regulations — is the UK’s broad framework for managing exposure to hazardous substances in the workplace. It covers chemicals, fumes, dusts, vapours, biological agents, and other materials that could harm workers’ health.
Under COSHH, employers are required to assess the risk from hazardous substances, put controls in place to prevent or reduce exposure, and monitor those controls over time. It’s a wide-ranging piece of legislation that applies across almost every industry.
Where Asbestos Sits Within COSHH
Asbestos is technically a substance hazardous to health, so in principle it falls within the scope of COSHH. However, the Control of Asbestos Regulations explicitly disapply COSHH in relation to asbestos. In practical terms, this means that where asbestos is concerned, the Control of Asbestos Regulations take precedence — they are the primary legislation you must comply with.
Think of it this way: COSHH sets the general framework, but asbestos is considered such a severe and specific hazard that it warrants its own dedicated regulatory regime. The Control of Asbestos Regulations are more detailed, more prescriptive, and carry stricter requirements than COSHH alone would impose.
The Control of Asbestos Regulations: The Framework That Actually Governs Asbestos
The Control of Asbestos Regulations are the cornerstone of asbestos management law in the UK. They apply to employers, building owners, landlords, contractors, and anyone else with responsibilities for non-domestic premises or for carrying out work that might disturb asbestos-containing materials (ACMs).
The regulations establish three distinct categories of asbestos work, each with different legal requirements:
- Licensable work — the highest-risk activities, including work on sprayed coatings, asbestos insulation, and asbestos insulating board (AIB). Only HSE-licensed contractors can carry this out.
- Notifiable non-licensed work (NNLW) — lower-risk activities that don’t require a licence but must be notified to the HSE before they begin. Workers must be trained and health records maintained.
- Non-licensed work — the lowest-risk activities, such as minor work with asbestos cement in good condition. No licence or notification is required, but the work must still be planned and carried out safely.
If you’re unsure which category applies to a specific piece of work, always seek professional advice before proceeding. Misclassifying licensable work as non-licensed is a serious and surprisingly common compliance failure.
The HSE’s Guidance: HSG264
Alongside the regulations themselves, the HSE publishes HSG264 — its authoritative guidance on asbestos surveying. This document sets out the standards that surveys must meet and provides practical guidance for duty holders, surveyors, and contractors. Any competent asbestos surveyor will work to HSG264 standards as a matter of course.
The Duty to Manage: What Building Owners and Managers Must Do
Regulation 4 of the Control of Asbestos Regulations — the duty to manage — is arguably the provision most relevant to property owners and managers. It places a clear legal obligation on those responsible for non-domestic premises to identify, assess, and actively manage any asbestos present.
The duty applies to:
- Owners of non-domestic buildings
- Landlords with responsibility for common areas
- Those with contractual obligations for building maintenance
- Common areas of residential blocks, including stairwells, plant rooms, and roof spaces
Pure domestic properties are generally outside the scope of Regulation 4, but the common parts of residential buildings are firmly within it.
What Meeting the Duty to Manage Requires
The duty to manage is an ongoing responsibility, not a one-off exercise. At a minimum, you must:
- Commission a suitable asbestos management survey to identify and assess ACMs within the building
- Record the location, type, and condition of any asbestos found
- Produce a written asbestos management plan and keep it current
- Share asbestos information with anyone who may disturb the fabric of the building — contractors, maintenance staff, and emergency services
- Carry out periodic re-inspections to monitor the condition of known ACMs
The HSE expects asbestos management plans to be living documents. If yours hasn’t been reviewed since your last survey, it’s very likely out of date — and that’s a compliance risk.
How Does COSHH Interact With Asbestos in Practice?
Even though the Control of Asbestos Regulations displace COSHH for asbestos-specific work, COSHH principles are not entirely irrelevant. The underlying logic of COSHH — assess the risk, control exposure, monitor outcomes — runs through asbestos regulation as well.
Where COSHH may still be directly relevant is in situations where asbestos is one of several hazardous substances being managed on a site. A contractor working in an industrial building might need a COSHH assessment for chemical exposure and a separate asbestos risk assessment under the Control of Asbestos Regulations. The two sit alongside each other without conflict.
Workplace Exposure Limits
One area where the COSHH framework directly informs asbestos regulation is in workplace exposure limits (WELs). The Control of Asbestos Regulations set a WEL for asbestos fibres — a maximum airborne concentration that must not be exceeded in any workplace. This limit is enforced through air monitoring and is a standard component of any licensed asbestos removal project.
Air monitoring results must be recorded, and where the WEL is approached or exceeded, immediate corrective action is required. This is non-negotiable.
Asbestos Surveys: The Foundation of Compliance
Whether you’re managing an existing building or planning refurbishment or demolition, getting the right survey in place is the foundation of everything else. Without an up-to-date survey, you cannot produce a compliant management plan, you cannot safely brief contractors, and you cannot demonstrate to the HSE that you’re meeting your legal obligations.
Management Surveys
A management survey is the standard survey required for buildings in normal occupation. It identifies ACMs that could be disturbed during routine maintenance and occupation, and assesses their condition and risk. This is the survey that underpins your asbestos management plan.
Refurbishment and Demolition Surveys
Before any intrusive work, refurbishment, or demolition, you need a demolition survey. This is a more invasive investigation designed to locate all ACMs in areas that will be disturbed. It must be completed before work begins — not during it.
Re-Inspection Surveys
Once ACMs have been identified and a management plan is in place, regular monitoring is essential. A re-inspection survey assesses whether the condition of known ACMs has changed since the last inspection, and updates your management plan accordingly. The frequency of re-inspections depends on the condition and risk rating of the materials involved.
Asbestos Testing
Where the presence of asbestos in a material needs to be confirmed, asbestos testing provides laboratory analysis of samples taken from suspected ACMs. If you need a straightforward sampling solution, a testing kit allows you to collect samples safely for professional laboratory analysis.
HSE Enforcement: What Inspectors Look For
The HSE enforces asbestos regulations through both planned and reactive inspections. Planned inspections tend to focus on higher-risk sectors — construction, demolition, building maintenance. Reactive inspections are triggered by accidents, complaints, or concerns raised about specific sites.
During an inspection, an HSE inspector may:
- Ask to see your asbestos management plan and survey records
- Check that asbestos information is accessible to workers and contractors
- Observe work in progress and assess whether it’s being carried out safely
- Examine PPE and decontamination arrangements
- Review training records for anyone working with or near ACMs
- Take air samples to measure fibre concentrations against the WEL
An inspector can arrive unannounced. The burden is on you to demonstrate compliance — not on them to prove non-compliance.
Enforcement Powers and Penalties
Where the HSE finds failings, it has a range of enforcement tools available:
- Improvement Notices — a formal requirement to address a specific breach within a defined timeframe
- Prohibition Notices — issued where there’s a risk of serious personal injury; work must stop immediately
- Prosecution — for serious or repeated breaches, the HSE can prosecute companies and individuals
- Licence revocation — for licensed contractors who breach conditions or standards
Fines for asbestos offences are unlimited in the Crown Court. Individuals can face imprisonment for the most serious violations. The HSE publishes details of prosecutions — reputational damage can be as significant as the financial penalty.
Training Requirements Under the Control of Asbestos Regulations
The regulations require that anyone liable to disturb asbestos during their normal work receives asbestos awareness training. This is a legal minimum, not a recommendation. It applies to electricians, plumbers, joiners, plasterers, painters, building surveyors, and anyone else whose work might bring them into contact with ACMs.
Training must cover:
- The properties of asbestos and its effects on health
- The types of materials likely to contain asbestos and where they’re found
- How to avoid the risk of exposure
- Safe working practices and emergency procedures
- Relevant legal requirements
The HSE recommends refresher training at least annually. Employers must maintain records to demonstrate this has been completed. Workers carrying out licensable or notifiable non-licensed work require more intensive training beyond basic awareness.
Asbestos Removal: When Materials Need to Come Out
Not all ACMs need to be removed — many can be safely managed in situ. But where materials are in poor condition, where they’re being disturbed by planned work, or where a decision is made to eliminate the risk entirely, asbestos removal must be carried out by appropriately licensed contractors working to HSE standards.
Removal is not a DIY task. Even non-licensed removal work carries risks that require proper planning, appropriate PPE, and correct disposal procedures. Licensed removal — covering the highest-risk materials — must be notified to the relevant enforcing authority before work begins.
Reporting an Asbestos Regulation Breach
If you witness or suspect a breach of asbestos regulations — a contractor disturbing ACMs without appropriate controls, unlicensed work on high-risk materials, or a duty holder failing to manage known asbestos — you can report it to the HSE via their website or infoline.
When making a report, include:
- The location and nature of the suspected breach
- Details of the work being carried out and any visible ACMs
- Information about the company or individuals involved, if known
- Any photographic evidence you’re able to safely obtain
You can report anonymously, though this may limit the HSE’s ability to investigate thoroughly. Employees with concerns about asbestos in their workplace can also raise issues through whistleblowing channels or their trade union safety representative.
Frequently Asked Questions
Is asbestos covered by COSHH regulations?
Asbestos is technically a substance hazardous to health and therefore falls within the broad scope of COSHH. However, the Control of Asbestos Regulations explicitly displace COSHH where asbestos is concerned. In practice, the Control of Asbestos Regulations are the primary legislation governing asbestos management and work in the UK, and compliance with those regulations takes precedence over COSHH requirements for asbestos-related activities.
What is the duty to manage asbestos and who does it apply to?
The duty to manage is set out in Regulation 4 of the Control of Asbestos Regulations. It applies to owners and managers of non-domestic premises, landlords responsible for common areas, and those with contractual obligations for building maintenance. It also covers the common parts of residential blocks. The duty requires duty holders to identify ACMs, assess their condition, produce and maintain a written management plan, and share information with anyone who might disturb the building fabric.
Do I need a survey before refurbishment or demolition work?
Yes. A refurbishment and demolition survey is a legal requirement before any intrusive work, refurbishment, or demolition on a building that may contain asbestos. This is a more invasive investigation than a standard management survey and must be completed before work begins. Failing to commission the correct survey before intrusive work is a common and serious compliance failure.
What happens if the HSE finds asbestos regulation breaches during an inspection?
The HSE has a range of enforcement powers. For minor issues, an inspector may provide written advice. For more serious breaches, they can issue Improvement Notices (requiring corrective action within a set period) or Prohibition Notices (requiring work to stop immediately). For the most serious or repeated breaches, the HSE can prosecute companies and individuals — fines are unlimited in the Crown Court, and individuals can face imprisonment. Licensed contractors can also have their licence revoked.
How often should asbestos re-inspections be carried out?
The frequency of re-inspections depends on the condition and risk rating of the ACMs identified in your management survey. Materials in poor condition or in high-traffic areas may require more frequent monitoring. As a general rule, re-inspections should be carried out at least annually, but your asbestos management plan should specify the recommended intervals for your specific building. If your plan hasn’t been reviewed recently, it’s likely out of date.
Work With Supernova Asbestos Surveys to Stay Compliant
Meeting your obligations under the Control of Asbestos Regulations starts with understanding what’s in your building. Without an up-to-date survey, you can’t produce a compliant management plan, safely brief contractors, or demonstrate compliance to the HSE.
At Supernova Asbestos Surveys, we’ve completed over 50,000 surveys nationwide and work with property managers, local authorities, schools, healthcare providers, housing associations, and commercial landlords across the UK. Whether you need a management survey, a demolition survey, a re-inspection, laboratory testing, or removal services, our team can help.
We also offer asbestos testing services for properties where the presence of ACMs needs to be confirmed quickly and accurately. If you’re based in the capital, our asbestos survey London service provides fast, professional coverage across the city and surrounding areas.
To discuss your compliance position or book a survey, call us on 020 4586 0680 or visit asbestos-surveys.org.uk. Our team is ready to help you understand your obligations and put the right measures in place.
Supernova Asbestos Surveys, Hampstead House, 176 Finchley Road, London, NW3 6BT.