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Second post implementation review of the Control of Asbestos Regulations 2012

This document relates to the second post implementation review of the Control of Asbestos Regulations 2012 (CAR 2012). The Regulations transpose the main elements of EU Directive 2009/148/EC and revoked the Control of Asbestos Regulations 2006 in their entirety.

It is noted that the regulatory framework of CAR 2012 remains valid and that intervention by regulation is the most effective way to control risks of exposure to asbestos. This process found that the consensus amongst dutyholders was that regulation is necessary and CAR 2012 was effective in keeping people safe.

In conclusion it is felt that CAR 2012 has a net present value to society of £16.3 billion and the case for maintaining these regulations remains strong.

The Impact Assessment (IA) produced for CAR 2012 focussed solely on the change which defined ‘notifiable non-licensed work’ (NNLW) and did not cost any of the other duties where there was no change. The duties in CAR 2012 have evolved over decades and have been extended or tightened at different points. Most of the regulatory changes were accompanied by IAs, but there is no definitive IA that captures all of the costs together for CAR 2012.

The purpose of this report is to assess:

  • The extent to which the Regulations have achieved their objectives.

  • Whether the objectives remain appropriate.

if so, the extent to which they could be achieved with a system that imposes less regulation.

HSE January 2023

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