Understanding the Control of Asbestos Regulations 2012: A Guide for Nursery Owners

Adam Fox • 30 June 2023

Children are particularly vulnerable to the effects of asbestos exposure

Introduction to the Control of Asbestos Regulations 2012


As a nursery owner in the United Kingdom, it is crucial to understand the Control of Asbestos Regulations 2012. These regulations were put in place to protect the health and safety of individuals who may come into contact with asbestos-containing materials. In this guide, we will explore the risks associated with asbestos in commercial buildings, specifically nurseries, and discuss the steps you need to take to ensure the safety of your pupils and staff.


Understanding the Risks of Asbestos in Commercial Buildings in the UK


Asbestos is a hazardous material that was commonly used in the construction industry until the late 1990s. It was praised for its fire-resistant and insulating properties. However, it was later discovered that exposure to asbestos fibres can cause serious health issues, including lung cancer, mesothelioma, and asbestosis.


Nurseries, often located in converted domestic properties or old buildings, may still contain asbestos in various forms. The types of asbestos commonly found in nurseries include Asbestos Insulating Board, Asbestos Cement, Asbestos Ceilings, Asbestos Flooring, and Asbestos Roofing. It is essential to identify and manage these materials to prevent exposure of staff and pupils to asbestos fibres.


The Dangers of Asbestos in Nurseries


The presence of asbestos in nurseries poses a significant risk to the health and well-being of both staff and pupils. Asbestos-containing materials, when disturbed or damaged, release microscopic fibres into the air. These fibres, if inhaled, can become lodged in the lungs and lead to long-term health problems.


Children are particularly vulnerable to the effects of asbestos exposure. Their developing bodies and immune systems make them more susceptible to the harmful effects of asbestos fibres. Additionally, due to the nature of nurseries, children may engage in activities that could disturb asbestos materials, such as playing, running, or even accidental damage.


Ensuring the Safety of Pupils and Staff - The Importance of an Asbestos Management Plan


To protect the wellbeing of both pupils and staff, it is vital for nursery owners to develop an Asbestos Management Plan. This plan should outline the procedures and protocols in place to identify, assess, and manage asbestos-containing materials within the premises.


The first step in developing an effective Asbestos Management Plan is to conduct an Asbestos Management Survey. This survey will identify any materials suspected to contain asbestos and provide guidance on their management. It is important to hire a qualified asbestos professional to carry out the survey to ensure accurate results.


Steps for Keeping Pupils and Staff Safe from Asbestos Exposure


Once you have identified and assessed the asbestos-containing materials in your nursery, it is essential to take appropriate steps to prevent exposure. This includes implementing control measures to minimise the risk of fibres being released into the air and ensuring regular monitoring and maintenance of asbestos materials.


Training staff on asbestos awareness and safe working practices is also crucial. Staff should be educated on how to identify asbestos-containing materials, understand the risks associated with them, and know the appropriate actions to take if they suspect asbestos is present.


Regular inspections and risk assessments should be conducted to ensure that asbestos materials are properly managed and any deterioration or damage is promptly addressed. It is also important to keep a record of all asbestos-related activities, including inspections, maintenance, and any remedial works carried out.


Maintaining Legal Compliance with the Control of Asbestos Regulations 2012


As a nursery owner, it is your legal duty to comply with the Control of Asbestos Regulations 2012. Failure to do so can result in serious consequences, including potential prosecution. It is crucial to understand and adhere to these regulations to protect the health and safety of your pupils, staff, and yourself.


Developing an effective Asbestos Management Plan and conducting regular Asbestos Management Surveys are key components of maintaining legal compliance. These measures demonstrate your commitment to managing asbestos responsibly and ensure that you are taking all necessary precautions to prevent exposure.


Managing Asbestos During Refurbishment and Maintenance Work


If you are planning any refurbishment or maintenance work that may disturb asbestos-containing materials, it is essential to follow proper procedures to manage the asbestos safely. This includes notifying the appropriate authorities, such as the local council, and hiring licensed asbestos contractors to carry out the work.


Before any refurbishment or maintenance work takes place, a thorough assessment of the asbestos materials must be conducted to determine the appropriate control measures. This may involve encapsulating or removing the asbestos materials entirely, depending on the level of risk involved.


Importance of Maintaining Legal Compliance and the Consequences of Failing to Do So


Maintaining legal compliance with the Control of Asbestos Regulations 2012 is not only crucial for the health and safety of your nursery but also for the reputation and financial stability of your business. Failure to manage asbestos properly can result in lost time, potential prosecution, and significant financial implications.


In the event of non-compliance, authorities may issue improvement notices or even prosecute the nursery owner. Fines and legal costs can be substantial, not to mention the damage to the nursery's reputation. It is far more cost-effective and responsible to proactively manage asbestos and ensure legal compliance from the outset.


The Potential Impact of Failure to Manage Asbestos in Your Nursery - Lost Time and Potential Prosecution


Failing to manage asbestos correctly can have severe consequences for your nursery. In addition to the potential health risks to staff and pupils, the discovery of asbestos materials during routine inspections or maintenance work can lead to delays and disruptions. This can result in lost time, increased costs, and potential closure of the nursery until the asbestos is properly managed.


Furthermore, if authorities discover that your nursery has not complied with the Control of Asbestos Regulations 2012, you may face prosecution. This can lead to hefty fines and even imprisonment, depending on the severity of the non-compliance.


Conclusion: The Importance of Prioritising Asbestos Management in Nurseries


In conclusion, understanding and complying with the Control of Asbestos Regulations 2012 is of utmost importance for nursery owners in the UK. By prioritising asbestos management, you can ensure the safety and well-being of your pupils and staff, maintain legal compliance, and protect your business from potential financial and reputational damage.


Take a proactive step today by contacting Consulo Compliance for your FREE asbestos compliance audit. Our expertise and guidance can help you navigate the complex world of asbestos regulations and ensure that your nursery is safe and compliant.

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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?
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