Explore this post with your favourite AI tool:
Share this article with AI tools to summarise, remember, or explore the content further.
Effective asbestos risk management is a legal necessity, yet even some of the UK’s most high-profile industrial sites are falling short of the required standards.
The Office for Nuclear Regulation (ONR) has issued formal Improvement Notices to EDF Energy Nuclear Generation Limited and Trillium Flow Services UK Ltd following failures to manage asbestos risks at the Hartlepool Power Station. The enforcement action comes after inspectors identified significant gaps in how the hazardous material was being handled during maintenance work on the site’s cooling water systems.
According to the nuclear regulator, the failings occurred between April 2023 and July 2024. During this period, it is alleged that the companies failed to ensure that work involving potential exposure to asbestos was carried out under a suitable and sufficient assessment. This included a failure to prevent the spread of asbestos fibres and a lack of adequate records regarding the location and condition of the materials being disturbed.
The impact of poor asbestos risk management in high-hazard environments
The situation at Hartlepool serves as a stark reminder that even within the strictly regulated nuclear sector, complacency can creep into asbestos risk management protocols. The ONR’s investigation highlighted that the two companies did not have an adequate system of work in place to manage the risks associated with asbestos-containing materials (ACMs) during specific maintenance tasks.
The regulator stated that while there was no evidence of significant exposure to workers or the public in this specific instance, the potential for harm was clear. In the UK, the Control of Asbestos Regulations 2012 (CAR 2012) mandates that dutyholders must identify the presence of asbestos and implement a clear plan to manage it. When contractors are brought onto a site, the responsibility for safety is often shared, making communication and joint planning Essential.
Trillium Flow Services UK, acting as a contractor for EDF, was found to have lacked the necessary oversight to ensure its employees were protected. Conversely, as the site licensee and primary dutyholder, EDF was responsible for the overarching safety framework that should have governed these works.
Practical challenges for dutyholders and contractors
The failures at Hartlepool highlight a common issue in facilities management and industrial maintenance: the disconnect between an asbestos register and the actual work taking place on the ground. A common pitfall in asbestos risk management is treating the asbestos survey as a “one and done” document rather than a live management tool that informs every phase of a maintenance project.
For those managing complex estates or high-hazard sites, the lessons here are practical. It is not enough to simply know where asbestos is located; the employer must ensure that the specific method statements and risk assessments for a job account for the potential to disturb those materials. If a contractor is opening up a piece of plant or machinery that hasn’t been fully surveyed, the assumption must always be that asbestos is present until proven otherwise.
The ONR has given both companies until the end of April 2025 to comply with the terms of the Improvement Notices. This timeline reflects the complexity of the remedial actions required, which likely include a total overhaul of their internal training, record-keeping, and contractor management processes regarding asbestos.
Meeting the legal threshold for compliance
Under UK law, the “duty to manage” asbestos falls on whoever has control over the maintenance of the premises. In many cases, this also extends to the specific equipment within those premises if it contains legacy asbestos components. For compliance managers and building owners, this case underscores the importance of having a robust audit trail. If the ONR or the HSE (Health and Safety Executive) asks for your asbestos management plan today, it must be accurate, up-to-date, and reflect the work currently being performed.
Effective asbestos risk management requires more than just a folder on a shelf. It requires regular inspections of the material’s condition, clear labelling (where appropriate), and, crucially, ensuring that anyone liable to disturb asbestos has received the correct level of asbestos awareness or non-licensed task training.
The ONR spokesperson noted that they will continue to monitor the progress of EDF and Trillium Flow Services to ensure that the required improvements are made. Failure to comply with an Improvement Notice is a serious matter and can lead to further enforcement action, including prosecution in the criminal courts.
As the UK’s nuclear infrastructure continues to age, the presence of legacy materials like asbestos remains a significant hurdle. This case proves that even the largest organisations must remain vigilant. For the wider property and FM sector, it is a prompt to review how asbestos information is shared with contractors before they pick up a tool.
