Three categories of work, not one rule
CAR 2012 splits asbestos work into three broad categories, and the medical surveillance duty doesn't apply equally to all of them:
- Licensed work — the highest-risk work, such as most work with asbestos coatings, asbestos insulation and asbestos insulating board. Requires a Licence from HSE to carry out, and medical surveillance by an HSE-appointed doctor.
- Notifiable non-licensed work (NNLW) — lower risk than licensed work, but still carries a duty to notify the enforcing authority and to arrange medical surveillance.
- Non-licensed, non-notifiable work — sporadic, low-intensity work that doesn't trigger the licensing, notification or medical surveillance duties in the same way.
Which category applies is determined by the material, its condition, and the type of work, not by personal judgement on the day. Your employer's risk assessment (or HSE's own asbestos licensing guidance) is the right place to confirm the category before a medical is booked.
What the medical surveillance duty actually requires
Under regulation 22 of CAR 2012, employers must maintain a health record for employees doing licensed work and ensure they're under medical surveillance by an HSE-appointed doctor. CAR also requires medical surveillance for workers doing NNLW, though this can be carried out by an HSE-appointed doctor or any GMC-registered doctor with a licence to practise. The regulations apply to self-employed people in the same way as to employers and employees.
Where to go next
- Licensed asbestos medical — the examination, frequency and certificate for licensed work.
- Non-licensed asbestos medical — the NNLW examination and notification duty.
- How often is one required — the 2-year and 3-year cycles, side by side.
- Self-employed workers — how the duty applies if you work for yourself.