What are the legal requirements for asbestos disposal after removal?

As we have often referenced in our Learning Centre guides here at Oracle Solutions, the mere fact of asbestos being found to be present in a particular building in the UK, does not automatically mean the given asbestos-containing materials (ACMs) will need to be removed.

There may be certain circumstances, however, in which ACMs are judged to present a particularly high risk to users of the premises, perhaps because they are in especially poor condition or are in a location where they could be easily disturbed.

If, then, the decision is made to remove particular ACMs from a given site, it is essential for those overseeing such an operation to be well-informed on the requirements for disposal. After all, asbestos is a now-banned carcinogen, and the legal requirements that exist in the UK today around asbestos management are strict, in recognition of the severe health and safety risks the substance can pose to anyone exposed to its fibres.

So, in this article, we will take a closer look at the legal situation for asbestos disposal. Along the way, we will cover vital aspects such as the importance of compliance for health and safety, and the potential legal ramifications of improper disposal.

What are the key regulations governing asbestos disposal?

The Control of Asbestos Regulations 2012 (CAR 2012) is the overarching piece of legislation covering the management of asbestos across non-domestic premises in Great Britain.

Regulation 24 of CAR 2012 stipulates that employers must ensure the proper packaging, labelling, storage, and transportation of raw asbestos and asbestos waste. The term “asbestos waste” refers to asbestos products or materials that are ready for disposal, encompassing building materials, dust, rubble, disposable personal protective equipment (PPE), rags used for cleaning, and used tools that cannot be properly decontaminated.

In England and Wales, asbestos waste is classed as “Hazardous Waste” if it contains more than 0.1% asbestos. In this situation, businesses are required to comply with the Hazardous Waste Regulations 2005, and to complete a Hazardous Waste Consignment Note.

Who is authorised to remove and dispose of asbestos?

The UK Health and Safety Executive (HSE) operates a licensing system for higher-risk asbestos work. It is not automatically the case under this system that if ACMs need to be removed from a building, a licence will be required in order to carry out this task.

In order to be exempt from the need for a HSE licence, asbestos work needs to be sporadic and of low intensity; it must also be carried out in a way that ensures the exposure of workers to asbestos does not surpass the legal control limit of 0.1 asbestos fibres per cubic centimetre of air (0.1 f/cm³).

Examples of asbestos removal tasks for which a HSE licence may not be required include the removal of asbestos cement products such as roof sheeting – provided that the material is carefully handled and removed without breaking up – and the removal of textured decorative coatings, provided that this can be done without the material deteriorating.

If, on the other hand, the proposed asbestos removal project is judged to present a higher risk (and it is the employer of anyone whose work might involve asbestos, that will be responsible for deciding), a HSE licence may be needed for this. Examples of such licensable work include the removal of sprayed coatings (limpet asbestos) and any removal work where there is a chance of pipe lagging being disturbed.

Once ACMs are removed from a property, it will be necessary for a registered waste carrier to promptly and safely consign the asbestos-containing waste (ACW) to a dump licensed to accept asbestos. Some exceptions to this apply in situations where agricultural and domestic ACW need to be disposed of. However, the focus of this article – in line with our own services – will be on the asbestos disposal requirements for commercial entities.

How should asbestos waste be properly packaged?

As explained in the HSE’s Approved Code of Practice (ACOP) and guidance publication (series code L143) on Managing and working with asbestos – which serves as a comprehensive guide to the CAR 2012 requirements – there are various steps that must be taken for the packing of asbestos waste.

These include:

• Securely sealing the waste in suitable labelled bags, wrapping, or packaging as it is produced
• Ensuring that any bags, wrapping, or packaging used have been designed, constructed, and maintained to make sure no asbestos fibres can be released during handling or transportation
• Using – in the case of most waste – double plastic sacks, as long as they will not split during normal use
• Using stronger packages in cases where the waste contains sharp metal fragments or other materials that could puncture plastic sacks
• Using UN-approved packaging to contain any waste where the escape of hazardous quantities of respirable asbestos fibres could occur during carriage (this requirement does not apply to asbestos cement or textured decorative coatings).

As the HSE’s EM9 guidance document on the disposal of asbestos waste sets out, the packaging that contains asbestos waste should come with a CDG hazard label and visible asbestos code information. Asbestos waste should be double-wrapped and labelled. Standard practice is to use a red inner bag with asbestos warnings, and a clear outer bag incorporating CDG labelling, if required.

What are the guidelines for transporting asbestos waste?

The ACOP L143 publication also lays out advice and guidance on the transportation of asbestos waste. The points set out in the document include the following:

• Bags, wrapping, or packaging in which asbestos waste is contained should be appropriately labelled and transported to a licensed disposal site. Local authorities are able to provide information on available disposal sites
• An enclosed vehicle, skip, or freight container should be used for the transportation of asbestos waste
• Asbestos waste should be transported in a suitable receptacle. This will help guard against the risk of the bags, wrapping, and packaging sustaining damage or opening up and releasing asbestos fibres during transit
• If asbestos waste transportation and disposal is taking place in England or Wales, it is essential for the asbestos waste to be transported in adherence to the specific requirements of the Hazardous Waste Regulations. If in Scotland, it is the Special Waste Regulations that apply.

Not only will a registered waste carrier be required for the transportation of asbestos waste, but this waste will also need to be carried in a suitable and licensed vehicle. This vehicle will need to have the essential permits and documentation for transporting asbestos waste, and it must be properly sealed and labelled during transportation.

How can businesses maintain compliance with asbestos disposal laws?

By referring to trusted information sources like the HSE website and aforementioned L143 and EM9 guidance documents, as well as Oracle Solutions’ Learning Centre, you can help to ensure your business is well-informed on the current legal requirements for asbestos disposal.

But of course, simply being well-informed is not enough; you will also need to carry out certain actions to ensure compliance. CAR 2012, Regulation 4 outlines a “duty to manage” asbestos for individuals and organisations that are in charge of maintenance for non-domestic premises.

One of the obligations for dutyholders under this regulation is the creation and maintenance of an up-to-date asbestos management plan.

By regularly reviewing and monitoring this asbestos plan, alongside such other measures as providing your staff with regular training and updates, and conducting audits and inspections, you can help ensure your business stays on the right side of the law concerning the management and disposal of asbestos.

What records and documentation are required?

Comprehensive and responsible recordkeeping is another important element of managing and disposing of asbestos materials in accordance with the law.

If your business is disposing of asbestos waste, it will need to keep records including information about the waste carrier, the site at which the waste was disposed, and the quantities of waste involved. These details must be kept for a minimum of two years, and they should be available for inspection upon request.

What are the best practices for safe asbestos disposal?

Putting legal considerations to one side, ensuring the highest standards of safety in how your business manages asbestos waste should always be one of its uppermost priorities. After all, any mishandling of asbestos waste that causes loose fibres to be released into the air could pose serious health and safety risks to workers, building occupants, and the public.

Your organisation, then, will need to be proactive in continually monitoring its disposal practices, not least so that your personnel can learn lessons from past projects and implement improvements for future occasions when ACW needs to be disposed of.

One major step that you can take to help ensure this, is to engage with professional asbestos consultants. Indeed, here at Oracle Solutions, we are not merely a trusted and accredited asbestos consultancy, but also provide a complete asbestos waste collection service across the UK. So, we can work closely alongside you to help avoid any potentially damaging breaches of this aspect of UK asbestos law.

What are the consequences of improper asbestos disposal?

As the GOV.UK website explains, there are various waste-related offences that may be committed under the aforementioned Hazardous Waste Regulations 2005, and that can bring various potential consequences, including warnings, formal cautions, fixed penalty notices, and prosecution.

We have also reported ourselves in the past on some of the real-world consequences for those found guilty of crimes in relation to asbestos waste – for example, the prison sentences handed out in relation to this large-scale waste crime operation in Staffordshire. So, the responsibility that your business has to carefully manage asbestos waste must always be treated with the utmost seriousness.

All of this is without even accounting for such other possible consequences of improper asbestos disposal as potential exposure of the now-banned mineral to workers and the public, as well as the scope for long-term environmental impacts.

Does your organisation require further guidance, advice, and help in relation to the safe and legal removal and disposal of asbestos? If so, please don’t hesitate to contact the Oracle Solutions team today.