Revised Asbestos Regulations

The Control of Asbestos Regulations 2006, due to come into force on 6 April 2006, have been delayed until later this year. The Regulations will repeal and replace the existing laws on the control of exposure to asbestos and implement amendments to the European Asbestos Worker Protection Directive (AWPD). They aim to provide greater protection for maintenance workers and will make changes in order to simplify the existing asbestos regulatory regime. The Regulations include measures to:

  • replace certain requirements of the Control of Asbestos at Work Regulations 2002 that only apply if a worker’s exposure to asbestos fibres is liable to exceed the action levels with a new system whereby notification to the enforcing authority does not apply to certain types of specified work where the exposure to asbestos is sporadic and of low intensity and where it is clear from the risk assessment that the control limit will not be exceeded;
  • replace the current regulation requiring employers to reduce exposure to as low a level as is reasonably practicable with a new requirement to minimise worker exposure to asbestos, in line with the wording used in the Control of Substances Hazardous to Health Regulations;
  • introduce a new asbestos fibre counting method; and
  • introduce a new single Control Limit for all types of asbestos of 0.1 f/cm³.
  • Additional changes to the asbestos regulatory framework include:
  • the introduction of the AWPD amendment which specifically prohibits the extraction of asbestos and asbestos products;
  • changes to the licensing rules aligning when a licence is needed with the requirement to notify work and less stringent controls on working with textured decorative coatings which contain asbestos;
  • employers using their own workers on their own premises no longer being exempt from the licensing requirements;
  • accreditation requirements being extended to those issuing certificates at all the four stages of clearance certification; and
  • the maintenance of short-term exposure limits with a maximum peak level of 0.6 f/cm³ over 10 minutes for all types of asbestos.

An Approved Code of Practice supporting the changes in the legislation can be found here.

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