Asbestos Records on Construction Sites: What UK Law Requires

Asbestos remains the single largest cause of work-related deaths in the UK, killing around 5,000 people every year. The majority of these deaths are the result of past exposures — but asbestos is still present in a significant proportion of UK buildings constructed before 2000, and construction workers disturbing it without proper management continue to be exposed today. The Control of Asbestos Regulations 2012 impose comprehensive record-keeping obligations on those responsible for managing and working with asbestos, and these records are among the most heavily scrutinised in any HSE inspection.

The Duty to Manage Asbestos

Regulation 4 of the Control of Asbestos Regulations 2012 imposes a duty to manage asbestos on the person responsible for non-domestic premises. This duty requires identifying whether asbestos is present, assessing its condition and the risk it poses, preparing a written plan to manage that risk, and reviewing and monitoring that plan.

The written asbestos management plan is a core document that must be kept, reviewed regularly, and made available to anyone who may disturb asbestos-containing materials — including construction contractors carrying out work on the building.

The Asbestos Register

The practical output of the duty to manage asbestos is the asbestos register — a document that records the location, type, condition, and risk assessment of all known or presumed asbestos-containing materials in the building. The register must be kept up to date and must be accessible to those who need it.

Before any construction, maintenance, or refurbishment work begins on a building, the contractor must be given access to the asbestos register and made aware of the location and condition of any asbestos-containing materials that their work might disturb. This briefing must be documented — simply handing over the register is not sufficient evidence that the contractor understood and acknowledged the information.

Asbestos Survey Records

The asbestos register is typically based on a formal asbestos survey carried out by a UKAS-accredited survey body. There are two types of survey: a management survey, which identifies asbestos that could be disturbed during normal occupancy and routine maintenance; and a refurbishment and demolition survey, which is required before any work that will disturb the fabric of the building.

Survey reports must be retained and form the evidential basis for the asbestos register. Where surveys have been carried out at different times, all reports must be retained — not just the most recent. Previous surveys may contain information about areas subsequently made inaccessible, or may identify discrepancies that are relevant to understanding the building's asbestos history.

Records for Licensed Asbestos Work

Work with certain types of asbestos — primarily asbestos insulation, asbestos coating, and asbestos insulating board — is licensable under the Control of Asbestos Regulations and may only be carried out by a licensed contractor. Licensed contractors must maintain extensive records including notification to the HSE before work begins, air monitoring records during work, and clearance certificates after work is complete.

The client commissioning licensed asbestos removal work should retain copies of all records generated during the project — the notification, air monitoring results, waste transfer notes, and clearance certificate. These records provide evidence that the work was carried out legally and safely, and they are essential if asbestos-related claims arise in the future.

Health Surveillance and Medical Records

Workers carrying out licensable asbestos work must undergo health surveillance by an HSE-appointed doctor. Medical records generated by this surveillance must be kept for 40 years from the date of the last entry. This exceptionally long retention period reflects the long latency of asbestos-related diseases — mesothelioma, for example, typically develops 30 to 40 years after exposure.

Training records for all workers who carry out notifiable non-licensed work with asbestos must also be retained. The training must cover the properties of asbestos, the health risks of asbestos exposure, the relevant regulations, the use of protective equipment, and emergency procedures.

Waste Transfer Notes

All asbestos waste is classified as hazardous waste under the Hazardous Waste Regulations. Waste transfer notes documenting the movement of asbestos waste from site to a licensed disposal facility must be retained for at least three years. These records demonstrate that asbestos waste was disposed of legally and provide a chain of custody from removal to disposal.

Frequently Asked Questions

How long must the asbestos register be kept? The asbestos register is a live document that should be maintained for as long as the building exists. It must be updated whenever surveys are carried out, whenever asbestos-containing materials are removed or encapsulated, and whenever new asbestos is discovered.

What happens if asbestos is discovered unexpectedly during construction work? Work must stop immediately. The area must be cordoned off and the HSE notified if required. An asbestos survey must be carried out before work can resume. Discovering unexpected asbestos does not automatically constitute a breach of regulations — failure to stop work and manage the situation properly does.

Who is responsible for maintaining asbestos records in a multi-occupied building? Responsibility depends on the structure of the occupancy. In a building with a managing agent or freeholder responsible for common areas, that party is the dutyholder for common areas. Individual tenants are responsible for areas under their exclusive control. In practice, asbestos records for the whole building should be centralised and accessible to all relevant parties.

Key Takeaways

• The Control of Asbestos Regulations 2012 impose a duty to manage asbestos in non-domestic premises, requiring a written management plan and an asbestos register.
• The asbestos register must identify the location, type, condition, and risk level of all known or presumed asbestos-containing materials.
• Contractors must be given access to the asbestos register and must acknowledge awareness of any asbestos risks before commencing work.
• Survey reports, clearance certificates, air monitoring records, and waste transfer notes must all be retained as part of the asbestos record.
• Medical records for workers carrying out licensable asbestos work must be kept for 40 years.
• All asbestos waste transfer notes must be retained for at least three years.