Asbestos RegulationsPrint The 2006 Asbestos Regulations 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. If you would rather know what your company has to do in order to comply with the new regulations, please call us on 0121 733 7868 and ask for Robert Street or David Carter - this is a FREE service with no obligation on your part. THE NEW
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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.
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].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.
(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. 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.
(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 (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 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. 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.
(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.
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).
(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. 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. ISBN 0 11 075191 4 |
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