Lessons Learned: The HSE Fines a Company for Asbestos Failings

Adam Fox • 22 July 2022

Lessons that can be learned from the case

As someone who values safety in the workplace, it is important to understand the role of the Health and Safety Executive (HSE) in ensuring the safety of workers. In this article, we will look at a case study where a company was fined for asbestos failings and the lessons that can be learned from this case. We will also discuss the importance of asbestos management in the workplace, asbestos management regulations, and how to comply with them. 

The Role of the Health and Safety Executive (HSE)

The HSE is a government agency responsible for regulating and enforcing health and safety laws in the workplace. Their role is to ensure that employers are providing a safe and healthy working environment for their employees. They do this by conducting inspections, investigations, and enforcing the law when necessary. 



The HSE has a duty to investigate accidents, complaints, and concerns raised by employees. They also provide guidance and support to employers to help them comply with health and safety laws. The HSE has the power to issue improvement notices, prohibition notices, and in serious cases, prosecute employers who are found to be in breach of health and safety laws. 

Case Study: Company Fined for Asbestos Failings

In 2020, a company was fined £1 million after exposing workers to asbestos during refurbishment work on a college in London. The HSE found that the company had failed to properly manage the risks of asbestos and had not carried out a suitable and sufficient assessment of the risks before starting work. 


The company had also failed to provide workers with adequate information, instruction, and training on how to work safely with asbestos. The HSE discovered that workers had been using power tools to remove asbestos-containing materials without proper protective equipment, which had exposed them to asbestos fibres. 


The company pleaded guilty to breaching the Control of Asbestos Regulations 2012 and the Health and Safety at Work etc. Act 1974. The fine highlighted the importance of proper asbestos management in the workplace and the consequences of failing to do so. 

Lessons Learned from the Case

The case highlights the importance of proper asbestos management in the workplace. Employers have a legal duty to manage the risks from asbestos, and failure to do so can have serious consequences. Employers should ensure that they have conducted a suitable and sufficient assessment of the risks from asbestos before starting work. This assessment should identify the presence of asbestos, the type of asbestos, and the condition of the asbestos-containing materials. 


Employers should also ensure that they have adequate controls in place to manage the risks from asbestos. This may include measures such as sealing or enclosing asbestos-containing materials, using protective equipment, and ensuring that workers are trained and competent to work with asbestos. Employers should also ensure that workers are provided with adequate information, instruction, and training on how to work safely with asbestos. 


Finally, employers should ensure that they have a robust system in place for monitoring and reviewing their asbestos management arrangements. This will help to ensure that their arrangements remain effective and up to date, and that any changes in the workplace are considered. 

Importance of Asbestos Management in the Workplace

Asbestos is a highly hazardous substance that can cause serious health problems such as lung cancer, mesothelioma, and asbestosis. It was widely used in building materials until it was banned in the UK in November 1999. However, asbestos-containing materials are still present in many buildings, particularly those constructed before 2000. 


Employers have a legal duty to manage the risks from asbestos in their workplace. This includes identifying the presence of asbestos, assessing the risks from asbestos, and putting in place measures to control those risks. Failure to manage the risks from asbestos can result in serious health problems for workers and can also result in legal action being taken against employers. 

The Control of Asbestos Regulations 2012 (CAR 2012)

The Control of Asbestos Regulations 2012 set out the legal requirements for managing the risks from asbestos in the workplace. The regulations require employers to:


• Identify whether asbestos is present in their workplace.

• Assess the risks from asbestos.

• Prepare a written plan to manage the risks from asbestos.

• Implement the plan and monitor its effectiveness.

• Provide information, instruction, and training to workers who may be exposed to asbestos.


The regulations also set out specific requirements for working with asbestos, such as using adequate protective equipment and carrying out work in a way that minimises the release of asbestos fibres. 

How to Comply with Asbestos Management Regulations

To comply with asbestos management regulations, employers and duty holders should:


• Conduct a survey to identify the presence of asbestos in their workplace.

• Assess the risks from asbestos and prepare a written plan to manage those risks.

• Implement the plan and monitor its effectiveness.

• Provide information, instruction, and training to workers who may be exposed to asbestos.

• Ensure that any work involving asbestos is carried out by trained and competent workers using adequate protective equipment.

• Review and update their asbestos management arrangements regularly.


Employers and duty holders should also ensure that they keep records of their asbestos management arrangements and make them available to workers, their representatives, and the HSE if requested. 

Conclusion

The case study of the company fined for asbestos failings highlights the importance of proper asbestos management in the workplace. Employers have a legal duty to manage the risks from asbestos, and failure to do so can have serious consequences. Employers should ensure that they have conducted a suitable and sufficient assessment of the risks from asbestos, have adequate controls in place to manage those risks, and provide workers with adequate information, instruction, and training. 


Complying with asbestos management regulations is essential to protect the health and safety of workers and to ensure that employers are fulfilling their legal obligations. Employers should conduct surveys to identify the presence of asbestos, assess the risks from asbestos, prepare a written plan to manage those risks, and ensure that any work involving asbestos is carried out by trained and competent workers using adequate protective equipment. 


As someone who values safety in the workplace, it is important to understand the legal requirements for managing the risks from asbestos and to ensure that employers are complying with those requirements. By doing so, we can help to protect the health and safety of workers and prevent serious health problems caused by exposure to asbestos.


To find out if you are compliant with the Control of Asbestos Regulations 2012, contact our super friendly team now for your FREE asbestos compliance audit.

Contact Us
by Adam Fox 9 April 2025
Asbestos and the Circular Economy: Why It's Time to Stop Burying the Problem Twenty-five years after asbestos was banned in the UK, we’re still digging a hole—literally and metaphorically. Every day, across the country, asbestos waste is double-bagged, labelled, loaded into skips, and driven to landfill, where it will sit indefinitely, taking up valuable space, creating ongoing liability, and adding to our already bloated environmental burden. And yet, 2025 presents a different path. A smarter one. One that replaces disposal with repurposing, and turns a dangerous waste product into a useful, circular resource. The technology exists. So the question we should be asking isn’t “Can we recycle asbestos?” It’s “Why the hell aren’t we doing it already?” Landfill is Failing Us—But We’re Still Relying On It Let’s start with the basics. There are still over 1.5 million buildings in the UK that contain asbestos, most of them now approaching the end of their useful life. As these structures age or undergo refurbishment, the volume of asbestos waste is only going to increase. Right now, we handle that waste the same way we did decades ago: • Identify it • Remove it (usually under fully controlled conditions) • Seal it in heavy-duty plastic • Drive it to landfill • Bury it • Forget about it Except we don’t forget, do we? Because landfill space is running out. Disposal costs are going up. And the environmental cost? We’re only just starting to count it. There’s a Better Way—and It Already Works Here’s what most duty holders don’t realise: We no longer have to bury asbestos. Thanks to recent advances in thermal treatment technology, we now have a method that can safely denature asbestos, breaking down its fibrous structure and rendering it harmless. Companies like Thermal Recycling in the UK are already proving this is not science fiction. They’re using high temperatures to transform asbestos cement products—like corrugated roofing sheets—into an inert ceramic material that’s completely safe. But here's the best bit: That material isn’t just neutral. It’s useful. It can be crushed and graded into aggregate, which can be used in road construction, paving, and concrete mixes. Instead of creating a waste burden for the next generation, we’re creating a valuable, low-carbon building material. Why Aggregate Matters in the Carbon Equation The production of virgin aggregates—through mining and quarrying—is energy-intensive and environmentally damaging. It contributes significantly to CO₂ emissions and destroys natural landscapes. So by replacing some of that demand with recycled aggregate from denatured asbestos, we: • Cut carbon emissions • Reduce dependence on extraction • Shrink the environmental footprint of infrastructure projects • Extend the life of quarries and reduce waste tonnage That’s not just a win for waste management. That’s a win for the entire construction supply chain. And yet most people in the industry don’t even know it’s possible. Why Are We Still Burying What Could Be Reused? As someone who’s worked in asbestos compliance for over 20 years—and now helps business leaders manage risk more intelligently—I’ve seen the same patterns play out time and time again: • “We’ll just do what we’ve always done.” • “This project’s tight on budget—landfill’s cheaper, right?” • “We’re just following the usual route—it’s less risky.” Let’s be honest. That mindset is outdated, short-sighted, and lazy. Cost may always be a factor, but the belief that landfill is “cheaper” needs to be challenged. Once you factor in: • Long-term environmental costs • Reputational risk • Rising disposal fees • And the public pressure for sustainable practices Thermal recycling is already starting to make sense. Especially when the output is something usable, not something buried. Licensed Contractors: You Don’t Get a Free Pass Either This isn’t just about clients or duty holders. Licensed Asbestos Removal Contractors (LARC’s) have a moral obligation here too. And I say that not from a place of opinion—but from first-hand experience, day in and day out for over two decades. Too often, LARCs put profits over progress. They default to landfill because it’s faster, easier to price up, and keeps their margins clean. They know the alternatives exist—but they don’t explore them, let alone offer them to their clients. When you hold a licence from the HSE, you’re not just a business—you’re a guardian of public health. That comes with responsibility. Choosing the most sustainable, forward-thinking disposal route should be part of that. Especially when the technology is available, proven, and legal. It’s time for the industry to stop hiding behind what’s convenient and start leading from the front. A Moral Obligation for Everyone Involved Whether you’re a: • Local authority managing public buildings • Developer under pressure to go green • Commercial landlord looking to reduce liability • Or a licensed contractor with influence over disposal routes —you have a responsibility to look beyond the cheapest or fastest option. If there’s a proven, safe, and more sustainable way to manage asbestos, you have a duty to understand it before choosing to ignore it. Because let’s be honest: “We didn’t know” isn’t going to wash when the public starts asking why we’re still filling landfill sites with a problem we already have the technology to eliminate. So What Can You Do Differently? No one’s asking you to overhaul your entire waste strategy overnight. But you can—and should—start asking better questions: • “Is landfill our only option here?” • “Could this waste stream be recycled instead of buried?” • “What suppliers, contractors, or experts do we know who can help us explore this?” You don’t have to be a global pioneer. But if you’re in a position of responsibility, you should at least be aware that the old way isn’t the only way anymore. Final Thought: The Future Is Circular—Whether You Join In or Not Asbestos will be with us for decades to come. That’s a fact. But how we handle it—and whether we choose to keep repeating the past or do something smarter—is up to us. Thermal recycling and other denaturing technologies offer a rare opportunity to do something that actually moves the industry forward. Not just ticking the compliance box. Not just burying the problem. But solving it—and turning it into something useful in the process. If you’re involved in asbestos management in even the slightest way, ask yourself this: Are you part of the problem, or part of the solution?
by Adam Fox 13 January 2025
Compliance is no longer just about avoiding fines; it’s about creating workplaces where people can thrive.
by Adam Fox 6 December 2024
This is more than a regulatory issue—it’s a moral obligation
by Adam Fox 7 November 2024
Elevating health and safety from a compliance obligation to a strategic business focus offers immense benefits
by Adam Fox 4 September 2024
A groundbreaking solution to a long-standing problem
by Adam Fox 21 August 2024
More companies, sole traders and responsible individuals are now facing hefty fines or even custodial sentences for non-compliance
Show More