An amendment was tabled on 10 May 2023 to replace the current sunset clause in the Retained EU Law (Revocation and Reform) Bill with a schedule of all the retained EU laws (REUL) that government departments intend to revoke by the end of 2023. The schedule includes REUL identified for revocation by the Health and Safety Executive and any remaining REUL will be retained including the Control of Asbestos Regulations 2012. This is subject to the amendment being passed.

The Health and Safety Executive (HSE) has not received any specific representations from external organisations on the potential merits of retaining the Control of Asbestos Regulations 2012, however they have been mentioned as a set of regulations that should be retained in several pieces of correspondence and parliamentary questions.

Officials from HSE are actively engaging with a wide range of stakeholders as part of their day-to-day business, covering many matters. HSE has good working knowledge to inform any decisions they need to make in relation to their approach with the Retained EU Law (Revocation and Reform) Bill (REUL Bill). If required, HSE has various established channels of communication with stakeholders to obtain supplementary information.

HSE has discussed and agreed its plans for retained EU Law (REUL) with DWP Ministers. An amendment was tabled on 10 May 2023 to replace the current sunset clause in the REUL Bill with a schedule of all the REUL that government departments intend to revoke by the end of 2023. The schedule includes REUL identified for revocation by HSE and any remaining REUL will be retained including the Control of Asbestos Regulations 2012. This is subject to the amendment being passed.

The Health and Safety Executive (HSE) has not received any specific representations from external organisations on the potential merits of retaining the Control of Asbestos Regulations 2012, however they have been mentioned as a set of regulations that should be retained in several pieces of correspondence and parliamentary questions.

Officials from HSE are actively engaging with a wide range of stakeholders as part of their day-to-day business, covering many matters. HSE has good working knowledge to inform any decisions they need to make in relation to their approach with the Retained EU Law (Revocation and Reform) Bill (REUL Bill). If required, HSE has various established channels of communication with stakeholders to obtain supplementary information.

HSE has discussed and agreed its plans for retained EU Law (REUL) with DWP Ministers. An amendment was tabled on 10 May 2023 to replace the current sunset clause in the REUL Bill with a schedule of all the REUL that government departments intend to revoke by the end of 2023. The schedule includes REUL identified for revocation by HSE and any remaining REUL will be retained including the Control of Asbestos Regulations 2012. This is subject to the amendment being passed.

The Health and Safety Executive (HSE) is not in a position to confirm the outcome of its review of retained EU law at this current time. HSE will communicate its decisions as soon as possible at the appropriate time.

The Health and Safety Executive (HSE) have advised prosecution is one of a range of enforcement options available to environmental and health and safety regulators, including withdrawing approvals, serving enforcement and fixed penalty notices, varying licenses conditions and providing written advice.

The law currently allows for an unlimited fine and imprisonment for those convicted of offences under health and safety regulations, fly-tipping and breaches of environmental permitting. No specific assessment has been made regarding whether a revision to these penalties is necessary, although the Regulators Code requires that all regulators keep their activities under review.

Sentencing is a matter for the independent courts who must follow the relevant guidelines issued by the independent Sentencing Council for England and Wales. The guidelines implement the requirements of Section 125 of the Sentencing Act, which requires that any fine imposed should reflect the seriousness of the offence and take into account the financial circumstances of the dutyholder. The level of fine should reflect the extent to which the offender fell below the required standard, and should meet the objectives of punishment, deterrence and the removal of gain derived through the commission of the offence, in a fair and proportionate way. The fine must be sufficiently substantial to have an economic impact that brings home, to both management and shareholders, the need to comply with health and safety legislation.

With the introduction of the Retained EU Law (REUL) Bill, the Health and Safety Executive (HSE) remains focused on ensuring that regulatory frameworks maintain the United Kingdom’s high standards of health and safety protection and continue to reduce burdens for business.

HSE’s approach aligns closely with the Government’s pledge to do more for business to help promote growth by removing disproportionate burdens and simplifying the regulatory landscape. Our standards of health and safety protections are among the highest in the world. HSE will continue to review its retained EU Law to seek opportunities to reduce business burdens and promote growth without reducing health and safety standards.

With the introduction of the Retained EU Law (REUL) Bill, the Health and Safety Executive (HSE) remains focused on ensuring that regulatory frameworks maintain the United Kingdom’s high standards of health and safety protection and continue to reduce burdens for business.

In Great Britain, the legislation which controls asbestos exposure risks in workplaces are the Control of Asbestos Regulations 2012 (CAR). These regulations are owned by the Health and Safety Executive.

Under these regulations HSE requires dutyholders to assess whether asbestos is present in their buildings, what condition it’s in and whether it gives rise to a risk of exposure. The duty-holder must then draw up a plan to manage the risk associated with asbestos which, importantly, must include removal of the asbestos if it cannot be safely managed where it remains in place. In addition to this, dutyholders are legally required to remove asbestos containing materials before major refurbishment or demolition work can occur.

Great Britain’s (GB) asbestos legacy remains a key issue and continuing to improve and build on the evidence base around safe management and disposal of asbestos is fundamental. However, concerns remain that moving to a fixed deadline for removal would increase the opportunity for exposure. This is difficult to support where the current risk of exposure is very low and asbestos can be managed safely in situ until planned refurbishment works.

Our standards of health and safety protections are among the highest in the world. HSE will continue to review its retained EU Law to seek opportunities to reduce business burdens and promote growth whilst maintaining the United Kingdom’s high standards of health and safety.