Licensed vs Non-Licensed Asbestos Work: Understanding the Classifications
Once asbestos has been identified in a building, the duty holder must decide what to do about it. In many cases, the answer is to monitor and manage in place. But when removal, repair, or disturbance is necessary, a critical question arises: does this work require a licensed contractor?
Getting this classification wrong has serious consequences. Using an unlicensed contractor for licensable work is a criminal offence. Equally, over-classifying work as licensed when it is not can lead to unnecessary cost and delay. This guide explains the three categories of asbestos work and how to determine which applies.
The Three Classifications
The Control of Asbestos Regulations 2012 define three categories of asbestos work:
1. Licensable Work
This is the highest-risk category. Work is licensable when it involves:
- Sprayed asbestos coatings (limpet spray, textured coatings on structural steel)
- Asbestos insulation (lagging on pipes, boilers, and vessels)
- Asbestos insulating board (AIB) -- in most circumstances
The defining test is whether the control limit is likely to be exceeded during the work. The control limit is 0.1 fibres per cubic centimetre of air, averaged over any continuous 4-hour period.
For sprayed coatings, lagging, and most AIB work, the fibre release during removal is high enough that the control limit is presumed to be exceeded. These works must therefore be carried out by a licensed asbestos removal contractor holding an HSE licence.
Requirements for licensable work:
| Requirement | Detail |
|---|---|
| HSE notification | Required via ASB5 form, with 14 days statutory notice before work begins (waivers may be available in specific circumstances) |
| Medical surveillance | Employees must have a medical examination by an Employment Medical Advisory Service (EMAS) doctor and hold a valid certificate |
| Exposure records | The employer must maintain exposure records for each worker for 40 years |
| Contractor licence | The removal contractor must hold a current HSE licence |
2. Notifiable Non-Licensed Work (NNLW)
This category was introduced by the 2012 amendment to the Control of Asbestos Regulations, implementing an EU directive. It covers work on asbestos-containing materials where:
- The control limit is not likely to be exceeded, BUT
- The materials are degraded or are likely to be degraded during the work activity, creating a greater risk of fibre release
Common examples include removal of damaged asbestos cement products, deteriorated floor tiles, or textured coatings covering areas larger than one square metre.
Requirements for notifiable non-licensed work:
| Requirement | Detail |
|---|---|
| HSE notification | Required via ASB NLW1 form, submitted before work starts (no 14-day waiting period -- the form can be completed on site immediately before work begins) |
| Medical surveillance | Workers must have a medical, but this is a 3-yearly GP medical (different from the EMAS medical required for licensed work) |
| Exposure records | The employer must maintain exposure records for each worker for 40 years |
| Contractor licence | Not required -- but workers must be trained in non-licensed asbestos work |
3. Non-Licensable Work
The lowest-risk category. This covers work on asbestos-containing materials where:
- The control limit is not likely to be exceeded, AND
- The materials are not degraded and will not be degraded by the work
Common examples include minor work on intact asbestos cement sheeting, removing undamaged asbestos gaskets, or small-scale work on intact floor tiles.
Requirements for non-licensable work:
| Requirement | Detail |
|---|---|
| HSE notification | Not required |
| Medical surveillance | Not required |
| Exposure records | Not required |
| Contractor licence | Not required -- but workers must be trained |
The AIB Exemption: Handle with Care
Asbestos insulating board (AIB) presents a particular challenge. While AIB work is generally licensable, there is a short-duration work exemption that allows limited AIB work without a licence:
- The work must be completed by an individual in no more than one hour
- No further AIB work can be carried out by that individual for seven days afterwards
- The total person-hours for the task must not exceed two person-hours (e.g., four workers could do 30 minutes each)
This exemption exists to allow minor maintenance tasks such as drilling a small number of holes or removing a single small AIB panel. However, it should be approached with extreme caution. AIB releases fibres readily when disturbed, and the risks are significant.
Practical advice: any substantial AIB work should be carried out by a licensed contractor. The short-duration exemption is not a loophole for avoiding licensing -- it is a narrow provision for genuinely minor, unavoidable maintenance tasks.
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Who Determines the Classification?
The responsibility for classifying asbestos work as licensed or non-licensed falls to the employer carrying out the work. Under the regulations, the employer must:
1. Carry out an assessment (Regulation 6) to determine the type and condition of asbestos, the nature of the planned work, and the likely fibre exposure
2. Prepare a plan of work (Regulation 7) documenting how the work will be carried out safely
3. Determine whether the work is licensable or non-licensable based on the assessment
In practice, this means the building contractor, maintenance company, or facilities team planning the work must make this determination before work begins. If there is uncertainty, consult the HSE's Asbestos Essentials task manual, which provides flowcharts and task-specific guidance for common work scenarios.
Textured Coatings: A Common Question
Removal of textured coatings (such as Artex-type ceiling finishes) is a frequently queried classification. The current guidance indicates:
- Areas greater than one square metre are not classified as "small areas" and therefore typically fall under notifiable non-licensed work
- Areas of one square metre or less may qualify as non-licensable work, depending on condition
The HSE's Asbestos Essentials task manual (specifically task sheet A28) provides detailed guidance on textured coating removal.
Training Requirements
Regardless of classification, anyone working with asbestos needs appropriate training:
Asbestos Awareness Training
This is the baseline. It covers:
- What asbestos is and where it is commonly found
- The health risks of exposure
- How to avoid disturbing asbestos
- What to do if you suspect you have encountered asbestos
Asbestos awareness is an avoidance course. It does not qualify anyone to work with asbestos -- only to recognise it and stay away.
Non-Licensed Work Training
For anyone carrying out non-licensable or notifiable non-licensed work, additional training is required. This is typically a 1.5-day course covering three phases:
1. Phase 1: Asbestos awareness (can be credited if completed within the previous 6 months)
2. Phase 2: Theory -- regulations, risk assessment, control measures, notification requirements
3. Phase 3: Practical -- wearing RPE and PPE, decontamination procedures, applying control measures, carrying out work activities safely
The practical element is essential. Workers must demonstrate competence in using respiratory protective equipment, following decontamination procedures, and applying appropriate control measures -- not just understand the theory.
Licensed Work Training
Licensed removal operatives undergo comprehensive training delivered by specialist providers, covering all aspects of asbestos removal, enclosure construction, air monitoring, decontamination, and waste disposal.
Due Diligence When Appointing Contractors
Whether appointing licensed or non-licensed contractors, duty holders should verify:
For licensed contractors:
- [ ] Current HSE licence (check the HSE public register)
- [ ] Adequate insurance coverage
- [ ] Evidence of workforce training and medical surveillance
- [ ] Experience with the specific type of ACM and removal method required
- [ ] Membership of relevant trade associations (optional but indicates commitment to standards)
For non-licensed contractors:
- [ ] Evidence of appropriate training (non-licensed work training, not just awareness)
- [ ] Understanding of notification requirements for NNLW
- [ ] Medical surveillance arrangements where required
- [ ] Adequate insurance coverage
- [ ] Risk assessment and method statement (RAMS) for the planned work
Key Takeaways
1. Three categories exist: licensable, notifiable non-licensed (NNLW), and non-licensable. The classification depends on the material type, its condition, and the likely fibre exposure during the work.
2. The employer carrying out the work is responsible for the classification. Do not assume -- assess, document, and justify.
3. The AIB short-duration exemption is narrow and should be used cautiously. When in doubt, use a licensed contractor.
4. NNLW still carries significant obligations -- notification, 40-year record-keeping, and medical surveillance. It is not a "free pass" category.
5. Training matters. Asbestos awareness alone does not qualify anyone to work with asbestos. Non-licensed work requires specific practical training.
6. Consult the HSE's Asbestos Essentials task manual for guidance on classifying specific work activities. It provides clear flowcharts and task sheets for common scenarios.
Understanding these classifications ensures that asbestos work is carried out safely, legally, and by appropriately qualified people. It also protects duty holders from the legal consequences of allowing unlicensed work where a licence is required -- or, conversely, from incurring unnecessary cost by over-specifying the work category.