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Taking licence – how the HSE is shaking up asbestos removal

Written by Emily Roberts on 13/06/2019
 

For some years, there’s been a question mark hanging over the Health and Safety Executive’s licensing regime for asbestos removal. With variable licence periods creating confusion among clients and an unintended hierarchy being created within the industry, attempts to overhaul the system are to be welcomed by everyone.

For those who don’t know, the existing system is a permissioning regime. Would-be licenced asbestos-removal contractors (LARCs) and those who want to renew must demonstrate to the HSE that they have the necessary skills, competency, expertise, knowledge and experience of work with asbestos, together with excellent health and safety management systems. The outcome is either no licence, a three-year licence, or any period between. Additional conditions are sometimes attached.

It sounds simple enough, but there are multiple problems. While nobody is meant to infer anything about competency from a company’s licence term, in practice customers choosing a LARC often treat the full three-year licence as a prerequisite. In addition, LARCs can’t notify a project that extends beyond their licence period – that means that bidding for complex, two-year-plus jobs is effectively restricted to the 35% or so of LARCs with a three-year licence.

Against this, in recent years the HSE has been less inclined to give out three-year licences. Among other things, that’s resulted in an increased workload for inspectors as they conduct more regular licence inspections. There’s a burden for LARCs, too, as there’s a considerable cost and administrative overhead to each licence application.

Time for a change

It’s no surprise that the HSE wants to shake things up. It’s already started to pilot a new regime that shifts the onus away from licence inspections, and more onto LARCs to provide evidence of their competency. In the new system, first-time applicants still get inspected, whereas existing LARCs re-apply via an electronic form.

A couple of years ago I called for an end to the fixed-term licence, and the introduction of monitoring visits. Essentially if you’re good enough, you get a licence. If not – you don’t. it’s recently emerged that in the pilot scheme the HSE are moving towards just that. As ACAD’s Graham Warren explains in a LinkedIn blog post:

“Some eagle-eyed people have been asking ACAD why all renewals [under the electronic pilot scheme] seem to be issued the full three-year term. HSE have confirmed this is not some chance occurrence, but actually how the new system works.”

 

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"At our recent license renewal, the HSE inspectors were amazed by the power of the system and could not believe everyone was not using it."
Ken Johnson, Managing Director, Delta Services