CareHomeDeskCareHomeDeskSome asbestos work requires a HSE-licensed contractor. Using the wrong contractor is a criminal offence. Here is how to tell the difference.
Under the Control of Asbestos Regulations 2012, work with asbestos must be carried out by a HSE-licensed contractor unless it meets specific criteria that allow it to be treated as non-licensed work. The criteria for non-licensed work are that the exposure is sporadic, low-intensity, and of short duration; the risk from the work is low; and the work involves materials that are not friable and have a low fibre release potential. In practice, the licensing requirement applies to the most hazardous forms of asbestos work, including removal of asbestos insulation, asbestos coatings, and damaged or deteriorated asbestos insulating board. For most ACMs in poor condition in a care home, a licensed contractor will be required.
Work with asbestos insulation (lagging), asbestos coatings (including sprayed coatings on steelwork), and asbestos insulating board (AIB) in poor condition must be carried out only by a contractor holding a current HSE licence under Regulation 8 of CAR 2012. You can verify whether a contractor holds a licence at hse.gov.uk/asbestos/licensed-contractors.htm. Licences are granted for three years and must be renewed. Always check the licence expiry date, not just whether a contractor appears on the register. Before engaging a licensed contractor, ask for a copy of their licence certificate and retain it in your contractor file. Engaging an unlicensed contractor for licensed work is a criminal offence.
Some asbestos work does not require a licence but must be notified to the relevant enforcing authority (HSE for most workplaces, the local authority for certain retail and hospitality premises) before it starts. This category of notifiable non-licensed work (NNLW) applies where the work involves ACMs that are lower-risk but still present meaningful exposure. Workers carrying out NNLW must be health-surveilled by an appointed doctor, and records must be kept for 40 years. Your licensed asbestos contractor or asbestos consultant can advise on whether specific work falls into the NNLW category and manage the notification process on your behalf.
A limited category of asbestos work can be carried out by a non-licensed contractor where the exposure is genuinely low and the material meets the criteria. An example might be removing a small number of intact asbestos cement roof sheets under controlled conditions. Even where the work is technically non-licensed, it must still be properly risk-assessed and controlled, and the workers must have appropriate training and personal protective equipment. If there is any doubt about the classification, err on the side of caution and use a licensed contractor. The consequences of misclassification -- potential criminal prosecution of you as the client, and serious health consequences for workers -- make the cost difference between licensed and non-licensed work irrelevant.
As the client commissioning asbestos work, you cannot instruct an unlicensed contractor to carry out work that requires a licence, and you cannot accept the risk by signing a disclaimer or waiver. Your obligations include: verifying the contractor holds a current HSE licence (for licensed work) before engagement, providing the contractor with the relevant information from your asbestos register, ensuring the contractor produces a written plan of work and risk assessment before work starts, confirming that the contractor notifies the work to HSE where required, and retaining copies of all clearance certificates and waste transfer notes after the work is complete. These documents are part of your permanent property records and must be available for inspection.
CareHomeDesk gives you compliance checklists, maintenance logs, and contractor management tools built around exactly this kind of knowledge.