Asbestos Regulations 2006
UPDATE:
Since 13 November 2006, the
Control of Asbestos Regulations 2006
have been in force.
The Regulations prohibit the importation,
supply and use of all forms of asbestos. They continue the ban
introduced for blue and brown asbestos 1985 and for white
asbestos in 1999. They also continue the ban the second-hand
use of asbestos products such as asbestos cement sheets and
asbestos boards and tiles; including panels which have been
covered with paint or textured plaster containing
asbestos.
The ban only applies to the
new use of asbestos. If existing asbestos containing materials
are in good condition, they may be left in place as long as
their condition is monitored and managed to ensure thay are not
disturbed.
The regulations are republished below
from the HSE web site in their entirety. As is usual with these
things, the document contains a lot of information that is
unneccessary in most cases.
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If you would rather know what
your company has to do in order to comply
with the new regulations, please call us
on 0121 711 7110 and ask for
one of our qualified Asbestos Surveyors,
Robert Street or David Carter -
this is a FREE service with no obligation on
your part.
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THE CONTROL OF
ASBESTOS REGULATIONS 2006
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Statutory Instrument
2006 No. 2739
The Control of
Asbestos Regulations
2006
© Crown Copyright
2006
Statutory Instruments
printed from this website are printed
under the superintendence and authority
of the Controller of HMSO being the
Queen's Printer of Acts of
Parliament.
The legislation
contained on this web site is subject
to Crown Copyright
protection.
STATUTORY
INSTRUMENTS
2006 No.
2739
HEALTH AND
SAFETY
The Control of
Asbestos Regulations 2006
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Made |
12th
October
2006 |
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Laid
before
Parliament |
20th
October
2006 |
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Coming into force
in accordance with
regulation
1 |
CONTENTS
PART 1
PRELIMINARY
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1. |
Citation
and
Commencement |
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3. |
Application
of these
Regulations |
PART 2
GENERAL
REQUIREMENTS
|
4. |
Duty
to manage asbestos in
non-domestic
premises |
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5. |
Identification
of the presence of
asbestos |
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6. |
Assessment
of work which exposes
employees to
asbestos |
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8. |
Licensing
of work with
asbestos |
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9. |
Notification
of work with
asbestos |
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10. |
Information,
instruction and
training |
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11. |
Prevention
or reduction of
exposure to
asbestos |
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12. |
Use of
control measures
etc. |
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13. |
Maintenance
of control measures
etc. |
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14. |
Provision
and cleaning of
protective
clothing |
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15. |
Arrangements
to deal with
accidents, incidents
and
emergencies |
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16. |
Duty
to prevent or reduce
the spread of
asbestos |
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17. |
Cleanliness
of premises and
plant |
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20. |
Standards
for air testing and
site clearance
certification |
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21. |
Standards
for
analysis |
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22. |
Health
records and medical
surveillance |
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23. |
Washing
and changing
facilities |
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24. |
Storage,
distribution and
labelling of raw
asbestos and asbestos
waste |
PART 3
PROHIBITIONS AND
RELATED PROVISIONS
|
25. |
Interpretation
of
prohibitions |
|
26. |
Prohibitions
of exposure to
asbestos |
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27. |
Prohibition
of the importation of
asbestos |
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28. |
Prohibition
of the supply of
asbestos |
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29. |
Prohibition
of the use of
asbestos |
|
30. |
Labelling
of products
containing
asbestos |
|
31. |
Additional
provisions in the
case of exceptions
and
exemptions |
PART 4
MISCELLANEOUS
|
32. |
Exemption
certificates |
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33. |
Exemptions
relating to the
Ministry of
Defence |
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34. |
Extension
outside Great
Britain |
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35. |
Existing
licences and
exemption
certificates |
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36. |
Revocations,
amendments and
savings |
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SCHEDULE
1— |
PARTICULARS
TO BE INCLUDED IN A
NOTIFICATION |
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SCHEDULE
2— |
THE
LABELLING OF RAW
ASBESTOS, ASBESTOS
WASTE AND PRODUCTS
CONTAINING
ASBESTOS |
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SCHEDULE
3— |
EXCEPTIONS
TO THE PROHIBITIONS
ON THE IMPORTATION,
SUPPLY AND USE OF
CHRYSOTILE |
The Secretary of State
makes the following Regulations in the
exercise of the powers conferred upon
him by sections 15(1), (2), (3), (4),
(5), (6)(b), (9), 18(2), 80(1) and
82(3) of, and paragraphs 1(1) to (4),
2, 3(2), 4, 6, 8 to 11, 13(1) and (3),
14, 15(1), 16 and 20 of Schedule 3 to,
the Health and Safety at Work etc. Act
1974[1] ("the 1974 Act") and section
2(2) of the European Communities Act
1972 ("the 1972 Act") [2].
In doing so he
gives effect without modifications to
proposals submitted to him by the
Health and Safety Commission under
section 11(2)(d) of the 1974 Act after
the carrying out by the Commission of
consultations in accordance with
section 50(3) of that Act, and it
appearing expedient to him after
consulting such bodies as appear to him
to be appropriate in accordance with
section 80(4) of that Act.
He is a
Minister designated for the purpose of
section 2(2) of the 1972 Act in
relation to the regulation and control
of classification, packaging and
labelling of dangerous substances and
preparations[ 3], and
persistent organic pollutants,
dangerous substances, preparations
and chemicals[4].
PART 1
PRELIMINARY
Citation and
Commencement
5]
and the provisions of the Health
and Safety (Enforcing Authority for
Railways and Other Guided Transport
Systems) Regulations
2006[6];
"the Executive"
means the Health and Safety
Executive;
"ISO 17020" means
European Standard EN ISO/IEC 17020,
"General criteria for the operation
of various types of bodies
performing inspection" as revised
or reissued from time to time and
accepted by the Comité Européen de
Normalisation Electrotechnique
(CEN/CENELEC)[7];
"ISO 17025" means
European Standard EN ISO/IEC 17025,
"General requirements for the
competence of testing and
calibration laboratories" as
revised or reissued from time to
time and accepted by the Comité
Européen de Normalisation
Electrotechnique
(CEN/CENELEC)[8];
"medical
examination" includes any
laboratory tests and X-rays that a
relevant doctor may require;
"personal protective
equipment" means all equipment
(including clothing) which is
intended to be worn or held by a
person at work and which protects
that person against one or more
risks to his health, and any
addition or accessory designed to
meet that objective;
"relevant doctor"
means an appointed doctor or an
employment medical adviser;
"risk assessment"
means the assessment of risk
required by regulation
6(1)(a);
"the 1997 WHO
recommended method" means the
publication "Determination of
airborne fibre concentrations. A
recommended method, by
phase-contrast optical microscopy
(membrane filter method)", WHO
(World Health Organisation), Geneva
1997[9].
(2) For the
purposes of these Regulations, except
in accordance with regulation 11(3) and
(5), in determining whether an employee
is exposed to asbestos or whether the
extent of such exposure exceeds the
control limit, no account shall be
taken of respiratory protective
equipment which, for the time being, is
being worn by that employee.
(3) A reference
to work with asbestos in these
Regulations shall include—
(a) work which
consists of the removal, repair or
disturbance of asbestos or
materials containing asbestos;
(b) work which is ancillary to such
work; and
(c) supervision of such work and
such ancillary work.
Application of
these Regulations
10], or in Scotland to a
relevant authority within the
meaning of section 6 of the Fire
(Scotland) Act
2005[
11], in respect
of premises attended by its
employees for the purpose of
fighting a fire or in an
emergency; or
(b) to the employer of persons who
attend a ship in dock premises for
the purpose of fighting a fire or
in an emergency, in respect of any
ship so attended,
and for the purposes
of this paragraph "ship" includes all
vessels and hovercraft which operate on
water or land and water, and "dock
premises" means a dock, wharf, quay,
jetty or other place at which ships
load or unload goods or embark or
disembark passengers, together with
neighbouring land or water which is
used or occupied, or intended to be
used or occupied, for those or
incidental activities, and any part of
a ship when used for those or
incidental activities.
(6) These
Regulations shall not apply to the
master or crew of a ship or to the
employer of such persons in respect of
the normal shipboard activities of a
ship's crew which are carried out
solely by the crew under the direction
of the master, and for the purposes of
this paragraph "ship" includes every
description of vessel used in
navigation, other than a ship forming
part of Her Majesty's Navy.
PART 2
GENERAL
REQUIREMENTS
Duty to manage
asbestos in non-domestic
premises
12] which is applicable to that
item of personal protective
equipment; or
(b) in the case of respiratory
protective equipment, where no
provision referred to in
sub-paragraph (a) applies, be of a
type approved or shall conform to a
standard approved, in either case,
by the Executive.
(5) The
employer shall—
(a) ensure that no
employee is exposed to asbestos in
a concentration in the air inhaled
by that worker which exceeds the
control limit; or
(b) if the control limit is
exceeded—
(i) forthwith
inform any employees concerned
and their representatives and
ensure that work does not
continue in the affected area
until adequate measures have
been taken to reduce employees'
exposure to asbestos to below
the control limit,
(ii) as soon as is reasonably
practicable identify the
reasons for the control limit
being exceeded and take the
appropriate measures to prevent
it being exceeded again,
and
(iii) check the effectiveness
of the measures taken pursuant
to sub-paragraph (ii) by
carrying out immediate air
monitoring.
Use of control
measures etc.
13], in order
to protect the health of his employees
from an accident, incident or emergency
related to the use of asbestos in a
work process or to the removal or
repair of asbestos-containing materials
at the workplace, the employer shall
ensure that—
(a) procedures,
including the provision of relevant
safety drills (which shall be
tested at regular intervals), have
been prepared which can be put into
effect when such an event
occurs;
(b) information on emergency
arrangements, including—
(i) details of
relevant work hazards and
hazard identification
arrangements, and
(ii) specific hazards likely to
arise at the time of an
accident, incident or
emergency,
is available;
and
(c) suitable warning and other
communication systems are
established to enable an
appropriate response, including
remedial actions and rescue
operations, to be made immediately
when such an event occurs.
(2) The
employer shall ensure that information
on the procedure and systems required
by paragraph (1)(a) and (c) and the
information required by paragraph
(1)(b) is—
(a) made available
to the relevant accident and
emergency services to enable those
services, whether internal or
external to the workplace, to
prepare their own response
procedures and precautionary
measures; and
(b) displayed at the workplace, if
this is appropriate.
(3)
Paragraph (1) shall not apply
where—
(a) the results of
the risk assessment show that,
because of the quantity of asbestos
present at the workplace, there is
only a slight risk to the health of
employees; and
(b) the measures taken by the
employer to comply with the duty
under regulation 11(1) are
sufficient to control that
risk.
(4) In the
event of an accident, incident or
emergency related to the unplanned
release of asbestos at the workplace,
the employer shall ensure that—
(a) immediate steps
are taken to—
(i) mitigate the
effects of the event,
(ii) restore the situation to
normal, and
(iii) inform any person who may
be affected; and
(b) only those
persons who are responsible for the
carrying out of repairs and other
necessary work are permitted in the
affected area and they are provided
with—
(i) appropriate
respiratory protective
equipment and protective
clothing, and
(ii) any necessary specialised
safety equipment and plant,
which shall be
used until the situation is
restored to normal.
Duty to prevent or
reduce the spread of asbestos
14] apply, in
accordance with those Regulations;
and
(b) in any other case in accordance
with the provisions of Schedule 2.
PART 3
PROHIBITIONS AND
RELATED PROVISIONS
Interpretation of
prohibitions
5] and not as a
contravention of a health and safety
regulation.
(2) In the case
of chrysotile only, the prohibition in
paragraph (1) is subject to the
exceptions in paragraphs 1, 2 and 3 of
Schedule 3.
Prohibition of the supply of
asbestos
16] as in
force immediately before 24th November
1999.
(3) In the case
of chrysotile only, the prohibition in
paragraph (1) is subject to the
exceptions in paragraphs 1 and 2 of
Schedule 3.
Prohibition of the use of
asbestos
17] applied and the
process was carried out in compliance
with that regulation; or
(b) that regulation did not apply.
PART 4
MISCELLANEOUS
Exemption
certificates
18], the
Executive may, by a certificate in
writing, exempt any person or class of
persons or any product containing
asbestos or class of such products from
the prohibitions imposed by regulations
28(1) and 29(1) and any such exemption
may be granted subject to conditions
and to a limit of time and may be
varied or revoked by a further
certificate in writing at any time.
(3) Subject to
paragraph (4), the Executive may exempt
emergency services from all or any of
the requirements or prohibitions
imposed by regulations 7 and 9 and any
such exemption may be granted subject
to conditions and to a limit of time
and may be varied or revoked by a
further certificate in writing at any
time.
(4) The
Executive shall not grant any exemption
under paragraph (1),(2) or (3) unless
having regard to the circumstances of
the case and in particular to—
(a) the conditions,
if any, which it proposes to attach
to the exemption; and
(b) any other requirements imposed
by or under any enactments which
apply to the case,
it is satisfied that
the health or safety of persons who are
likely to be affected by the exemption
will not be prejudiced in consequence
of it.
Exemptions relating to the Ministry
of Defence
19] as they
apply to work in Great Britain.
Existing licences and exemption
certificates
20] shall—
(a) continue to have
effect as if it had been granted
under regulation 8(2) of these
Regulations;
(b) be of the duration and subject
to the conditions specified in it
as if that duration and those
conditions had been specified under
regulation 8(3); and
(c) be liable to variation and
revocation under regulation 8(4)
and (5),
and any requirement
in such a licence concerning
notification and any exception to such
a requirement shall have effect as a
requirement for notification under
regulation 9 of and as an exception to
such a requirement under regulation
3(2) of these Regulations.
(2) An existing
exemption granted by the Executive
under regulation 7(1) of the Asbestos
(Licensing) Regulations 1983,
regulation 8(1) of the Asbestos
(Prohibitions) Regulations
1992[21], or
regulation 25(1) of the Control of
Asbestos at Work Regulations
2002[22] shall
continue to have effect and be subject
to any limitation of time or any
conditions specified in it and liable
to revocation as if it had been granted
under regulation 32(1), (2) or (3) of
these Regulations.
(3) An existing
exemption granted by the Secretary of
State for Defence under regulation 8(3)
of the Asbestos (Prohibitions)
Regulations 1992 shall continue to have
effect and be subject to any limitation
of time or any conditions specified in
it and liable to revocation as if it
had been granted under regulation 33 of
these Regulations.
Revocations, amendments and
savings
23],
in any proceedings for an offence
consisting of a contravention of
Part 2 of these Regulations it
shall be a defence for any person
to prove that he took all
reasonable precautions and
exercised all due diligence to
avoid the commission of that
offence.
Signed by authority of the Secretary of
State for Work and Pensions.
Philip Hunt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
12th October 2006
24] and the Carriage of
Dangerous Goods and Use of
Transportable Pressure Equipment
Regulations
2004[
25]);
(b) asbestos waste, when required
to be so labelled by regulation
24(3); and
(c) products containing asbestos,
including used protective clothing
to which regulation 14(2)
applies,
shall be in the form
and in the colours of the following
diagram and shall comply with the
specifications set out in paragraphs 2
and 3.
(2) In the
case of a product containing
crocidolite, the words "contains
asbestos" shown in the diagram shall be
replaced by the words "contains
crocidolite/blue asbestos".
(3) Where the
label is printed directly onto a
product, a single colour contrasting
with the background colour may be
used.
2. The
dimensions in millimetres of the label
referred to in paragraph 1(1) shall be
those shown on the diagram in that
paragraph, except that larger
measurements may be used, but in that
case the dimension indicated as h on
the diagram shall be 40% of the
dimension indicated as H.
3. The
label shall be clearly and indelibly
printed so that the words in the lower
half of the label can be easily read,
and those words shall be printed in
black or white.
4. —(1)
Where a product containing asbestos may
undergo processing or finishing it
shall bear a label containing safety
instructions appropriate to the
particular product and in particular
the following instructions—
"operate if possible
out of doors in a well-ventilated
place";
"preferably use hand
tools or low speed tools equipped,
if necessary, with an appropriate
dust extraction facility. If high
speed tools are used, they should
always be so equipped";
"if possible, dampen
before cutting or drilling";
and
"dampen dust, place
it in a properly closed receptacle
and dispose of it safely".
(2)
Additional safety information given on
a label shall not detract from or
contradict the safety information given
in accordance with sub-paragraph
(1).
5. —(1)
Labelling of packaged and unpackaged
products containing asbestos in
accordance with the foregoing
paragraphs shall be effected by means
of—
(a) an adhesive
label firmly affixed to the product
or its packaging, as the case may
be;
(b) a tie-on label firmly attached
to the product or its packaging, as
the case may be; or
(c) direct printing onto the
product or its packaging, as the
case may be.
(2) Where,
in the case of an unpackaged product
containing asbestos, it is not
reasonably practicable to comply with
the provisions of sub-paragraph (1) the
label shall be printed on a suitable
sheet accompanying the product.
(3) Labelling
of raw asbestos and asbestos waste
shall be effected in accordance with
sub-paragraph (1)(a) or (c).
(4) For the
purposes of this Schedule but subject
to sub-paragraph (5), a product
supplied in loose plastic or other
similar wrapping (including plastic and
paper bags) but no other packaging,
shall be treated as being supplied in a
package whether the product is placed
in such wrapping at the time of its
supply or was already so wrapped
previously.
(5) No wrapping
in which a product is placed at the
time of its supply shall be regarded as
packaging if any product contained in
it is labelled in accordance with the
requirements of this Schedule or any
other packaging in which that product
is contained is so labelled.
26].
2.
Where it is not practicable for an
employer to substitute for chrysotile a
substance which, under the conditions
of its use, does not create a risk to
the health of his employees or creates
a lesser risk than that created by
chrysotile, regulations 26(3), 27(1),
28(1) and 29(1) shall not apply to—
(a) Diaphragms for
use in electrolytic cells in
existing electrolysis plants for
chlor-alkali manufacture;
(b) chrysotile, or products to
which chrysotile has intentionally
been added, required solely for the
manufacture of the products
described in sub-paragraph (a).
3.
Regulation 27(1) shall not apply to
receptacles used for the storage of
acetylene gas under pressure and in use
before 24th November 1999.
6. The
publication "Determination of airborne
fibre concentrations. A recommended
method, by phase-contrast optical
microscopy (membrane filter method)",
WHO Geneva 1997 (ISBN 92 4 154496 1)
can be obtained online at
www.who.int/publications/
.
7. A
copy of the regulatory impact
assessment prepared in respect of these
Regulations can be obtained from the
Health and Safety Executive, Economic
Advisers Unit, Rose Court, 2 Southwark
Bridge, London SE1 9HS. A copy of the
transposition note in relation to
implementation of the Directives set
out in paragraph 2(b) can be obtained
from the Health and Safety Executive,
International Branch at the same
address. Copies of both these documents
have been placed in the Library of each
House of Parliament.
ISBN 0 11
075191 4
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© Crown copyright
2006 |
Prepared 20 October
2006
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