Regulations Dealing with Asbestos

Relevance: Controls on environmentally hazardous substances, materials or articles - essentially on activities such the production, marketing, transport, handling and use of such substances. Regulatory requirements may include substance bans or measures to control the risk of substances being released into the environment and cause harm. Note certain of the laws are ‘supply’ related rather than ‘operational’.

The health and safety asbestos regime has been consolidated in The Control of Asbestos Regulations 2006, which include previous legislation on licensing and prohibitions.

Control of Asbestos Regulations 2006 (SI 2006/2739)

Relate to all activities involving the management of asbestos. They place a duty to manage asbestos containing materials (ACMs) on those who own and control premises. Employers are expected to prevent exposure of employees to asbestos. If this is not reasonably practicable the law says their exposure should be controlled to the lowest possible level.

Before any work with asbestos is carried out, the Regulations require employers to make an assessment of the likely exposure of employees to asbestos dust by taking reasonable steps to determine the location and condition of materials likely to contain asbestos.

The assessment should include a description of the precautions to be taken to control dust release and to protect workers and others who may be affected by that work. In addition contractors working on premises must make sure that either the work will not lead to asbestos exposures or that the contractor has carried out this assessment and identified work practices to reduce exposures. A plan of action needs to formulated, monitored and reviewed periodically.

The regulations also include the requirement for contractors involved in the removal of asbestos to have a licence issued by HSE. And they prohibit the importation or supply and use of asbestos.

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