Paper Promises, Proven Practice: Due Diligence When Appointing an Asbestos Contractor

Asbestos procurement is often decided on price, programme and the quality of a submitted document. None of those things, on their own, demonstrates that a contractor can carry out survey or removal work lawfully and to a defensible standard. The dutyholder retains responsibility for the building and for the work commissioned, and that responsibility cannot be transferred by a purchase order or a convincing pitch. The practical task is to separate evidence from assertion.

The legal baseline does not move

Under the Control of Asbestos Regulations 2012, the duty to manage asbestos in non-domestic premises rests with the dutyholder. Where removal or remediation is commissioned, the client remains responsible for ensuring the work is properly specified, that a competent contractor is appointed, and that the correct notifications and records are in place. Construction projects bring additional duties under CDM 2015, including coordination and the exchange of asbestos information. A contractor can hold the tools and the licence, but the client holds the duty. Procurement should reflect that asymmetry.

Accreditation: what UKAS confirms and what it does not

UKAS accreditation is the strongest available signal that an organisation's systems have been independently assessed. For asbestos surveys, the relevant standard is ISO/IEC 17020, and the accreditation schedule should explicitly cover the type of survey being commissioned. For laboratories undertaking asbestos fibre counting and identification, ISO/IEC 17025 is the applicable standard. A certificate on a website is not sufficient: check the UKAS schedule of accreditation, confirm the scope, and verify that the certificate is current.

Accreditation is organisational, not individual. It does not confirm that the surveyor arriving on site holds the right qualifications or experience for the building in question. Ask for named personnel, their BOHS qualifications such as P402 for surveying and P405 for management, and evidence of continuing competence. On complex or historic buildings, ask who will actually attend and what similar work they have completed.

Licence checks for removal work

Licensed asbestos removal requires an HSE licence. The licence number, expiry date and the categories of work permitted should be checked against the HSE register rather than accepted from a PDF. Licences are not indefinite, and the scope matters: a contractor licensed for certain work may not be licensed for the enclosure and removal of the material in question. Where subcontractors are proposed, confirm that each holds its own licence and that the arrangements are transparent. The client should know who will physically be inside the enclosure.

Not all work is licensable. Non-licensed and notifiable non-licensed work still requires competence, medical surveillance where applicable, and appropriate controls. A contractor who treats every job as licensed may be inflating costs; one who treats every job as non-licensed may be underestimating risk. The distinction should be explained, not glossed.

Insurance and waste evidence

Request certificates for employers' liability, public liability and, where survey or consultancy advice is being provided, professional indemnity. Check the levels of cover, the policy period and any asbestos-related exclusions. A certificate of insurance is not the same as a policy that responds to the work being commissioned, and the difference is worth a conversation with a broker on larger projects.

Waste documentation is equally concrete. The contractor should hold a current waste carrier registration, and the intended disposal route should be a permitted site. Ask for example consignment notes and confirm how waste transfer notes are retained. Asbestos waste is tracked, and gaps in the paper trail are difficult to remedy after the event.

Method statements and plans of work

For licensed work, a plan of work must be prepared and notified to the enforcing authority before work begins. The method statement should be site-specific: describing the enclosure, the decontamination unit, the air monitoring arrangements, the emergency procedures and the sequence of works. Generic documents copied from another project are a warning sign. Air monitoring should be undertaken by a laboratory accredited to ISO/IEC 17025, and the four-stage clearance procedure should be explained clearly, including who provides the certificate of reoccupation.

Emergency call-out arrangements

Emergency work is where procurement shortcuts are most likely. Agree call-out rates, response times and authority limits in advance. Confirm that the contractor's licence and insurance extend to out-of-hours work and that the on-call team includes competent personnel, not just a telephone answering service. Decide in advance whether the first response is to make safe or to remove, and record that decision.

Contractual points that keep responsibility in place

The contract should define the scope, the standard to be met, the information the client will provide, and the records the contractor will return. Payment can be linked to evidence milestones: issue of the plan of work, completion of enclosure checks, clearance certification, and delivery of the waste consignment notes. Include provisions for stop-work authority where compliance is in doubt, for retention of records, and for notification to the enforcing authority. Indemnities should be reviewed, but they do not replace supervision.

A short verification checklist

• Confirm UKAS accreditation and scope for surveys and laboratories.
• Check HSE licence number, expiry and permitted work categories.
• Verify named surveyors' qualifications and experience.
• Obtain current insurance certificates and review exclusions.
• Confirm waste carrier registration and permitted disposal route.
• Review a site-specific method statement and plan of work.
• Agree emergency response times and authority limits.
• Set evidence-linked payment milestones and record-keeping obligations.

The most compliant tender is rarely the cheapest, and the cheapest is rarely the most defensible. Procurement becomes compliance when the client can point to verified evidence at each stage, not simply to a signed contract.