A5: The Control Of Asbestos Regulations 2006

Asbestos means actinolite, grunerite (amosite), anthophyllite, chrysotile, crocidolite, and tremolite.

Commencement (r1)

the regulations take effect from 13th November 2006 (except for r20 relating to site clearance certificates).

Application (r3)

The whole or part of r8 (licensing), r9 (notification of work with asbestos), r15 (arrangements to deal with accidents, incidents and emergencies), r18 (asbestos areas) and r22 (health records and medical surveillance) do not apply where:

the exposure of employees to asbestos is sporadic and of low intensity
it is clear from the risk assessment that the exposure of any employee to asbestos will not exceed the control limit; and
the work involves:
- short, non-continuous maintenance activities
- removal of materials in which the asbestos fibres are firmly linked in a matrix
- encapsulation or sealing of asbestos-containing materials which are in good condition, or
- air monitoring and control, and the collection and analysis of samples to ascertain whether a specific material contains asbestos.

Sporadic and of low intensity effectively means that the concentration of asbestos in the atmosphere (when measured in accordance with the 1997 WHO recommended method or by a method giving equivalent results to that method approved by the Health and Safety Commission, HSC) is less than and will not exceed the concentration approved in relation to a specified reference period under this regulation by the HSC.

Duties on employers in respect of employees, apply SFARP, to any other person, who may be affected by the work activity carried out by the employer except that the duties of the employer:

under r10 (information, instruction and training) do not extend to persons who are not his employees (unless those persons are on the premises where the work is being carried out); and
under r22 (health records and medical surveillance) do not extend to persons who are not his employees.

Duty to manage asbestos in non-domestic premises (r4)

The following duties are placed on the dutyholder:

The dutyholder is anyone who is obliged, through contract or tenancy, to maintain or repair non-domestic premises or any means of access or egress; or who has some control over any part of non-domestic premises or means of access or egress. Where there is more than one dutyholder their relative contribution will be determined according to the nature and extent of their obligation for maintenance and repair.

Duty on everyone to cooperate so that DH can meet his legal duties.

Ensure that a suitable and sufficient assessment is carried out to determine whether asbestos is or is likely to be present, taking all reasonable steps and considering the condition of the material.

Take account of building plans, any other information and the age of the premises and inspect those parts which are reasonably accessible.

Ensure the assessment is reviewed forthwith if there is reason to expect that it is no longer valid or there has been a significant change in the premises to which the assessment refers. And ensure that the conclusions of the assessment and every review are recorded.

Ensure (where the assessment shows that asbestos is or is liable to be present), that the risk from the asbestos is determined, that a written plan identifying the parts concerned is prepared and the measures to be taken for managing the risk are specified in the written plan. These same written measures shall include:

monitoring the condition of any asbestos, or any substance containing or suspected of containing asbestos;
ensuring that it is properly maintained or where necessary safely removed;
and ensuring that information about its location and condition is provided to every person liable to disturb it, and made available to the emergency services.

Ensure that the plan is reviewed and revised at regular intervals, and forthwith if there is reason to suspect it is no longer valid, or there has been a significant change in the premises to which it relates, and that the measures specified in the plan are implemented, and the implemented measures recorded.

Identification of the presence of asbestos (r5)

Do not undertake work in maintenance or demolition, or any other work which is liable to expose your employees to asbestos unless you have either:

carried out a suitable and sufficient assessment as to whether asbestos is present or liable to be present and the type of asbestos it is, the material it is contained in and its condition; or
if there is doubt as to whether asbestos is present, assumed that it is present and is not chrysotile alone, and comply with the regulations.

Assessment of work which exposes employees to asbestos (r6)

Do not carry out work which is liable to expose your employees to asbestos unless you have:

made a suitable and sufficient assessment of the risk created by that exposure to employees’ health, and the steps which need to be taken to comply with these regulations
recorded the significant findings of the risk assessment as soon as is practicable after the assessment is made; and
implemented the steps which need to be taken to comply with these regulations.

The risk assessment shall:

subject to r5 (identification), identify the type of asbestos to which employees are liable to be exposed;
determine the nature and degree of exposure which may occur in the course of the work;
consider the effects of control measures which have been or will be taken to comply with r11 (preventing or reducing exposure);
consider the results of monitoring of exposure to comply with r19;
set out the steps to be taken to prevent that exposure or reduce it to the lowest level reasonably practicable;
consider the results of any medical surveillance that is relevant;
include any extra information you may need to complete the risk assessment.

Regularly review the risk assessment, and forthwith if:

there is reason to suspect that it is no longer valid;
there is a significant change in the work to which it relates; or
the results of any monitoring to comply with r19 (monitoring) show that it’s necessary,

and make any necessary changes, recording those which relate to the significant findings or are themselves significant.

Where the risk assessment shows that employee exposure may exceed the control limit, keep a copy of the significant findings at the premises where the work is being carried out, and for its duration.

Plans of work (r7)

Do not undertake any work with asbestos unless you have prepared a suitable written plan of work detailing how it is to be carried out.

Keep a copy of the plan of work at the premises where the work is being carried out, and for its duration.

In cases of final demolition or major refurbishment of premises, the plan of work should, unless it would cause a greater risk to employees than if the asbestos had been left in place, specify that asbestos shall be removed before any other major works begin.

The plan of work shall include details of:

the nature and probable duration of the work
where the work is to be carried out
what is to be done where the work involves the handling of asbestos or materials containing asbestos
the characteristics of the equipment to be used for-
protection and decontamination of those carrying out the work, and
protection of other persons on or near the worksite
what you intend to do to comply with r11 (prevention of exposure); and
what you intend to do to comply with r17 (cleanliness).

You should ensure, that the work to which the plan relates is carried out according to that plan and any subsequent written changes to it.

Licensing of work with asbestos (r8)

Subject to r3 (application), you must not carry out any work with asbestos unless you hold a licence under this regulation.

The Executive may grant a licence for work with asbestos if it considers it appropriate to do so and:

the person who wants the licence has applied for it on an Executive approved form; and
the application was made at least 28 days before the date from which the licence is to run, or such shorter period as the Executive may allow.

A licence under this regulation:

shall come into operation on the date specified in the licence, and be valid for any period up to a maximum of three years that the Executive may specify; and
may be granted subject to any conditions the Executive consider appropriate.

The Executive may vary the terms of a licence and:

add further conditions and vary or omit existing ones; and
reduce the period for which the licence is valid, or extend that period up to a maximum of three years from the date on which the licence first came into operation.

The Executive may revoke a licence if it considers it appropriate to do so.

The licence holder shall return it to the Executive:

when required by the Executive for any amendment; or
following its revocation.

Notification of work with asbestos (r9): subject to r3 (application), you must not carry out any work with asbestos unless you have notified the appropriate enforcing authority in writing, of the details in Schedule 1, at least 14 days before starting that work, or earlier if the enforcing authority agrees.

Where you have notified work and there is a material change in that work which might affect the notified details (including the cessation of the work), you must forthwith notify the enforcing authority in writing of the change.

Information, instruction and training (r10): you must ensure that adequate information, instruction and training is given to those of your employees:

who are or may be exposed to asbestos, or who supervise such employees, so that they are aware of –
the properties of asbestos and its effects on health, including its interaction with smoking
the types of products or materials likely to contain asbestos
the operations which could result in asbestos exposure and the importance of preventive controls to minimise exposure
safe work practices, control measures, and protective equipment
the purpose, choice, limitations, proper use and maintenance of respiratory protective equipment
emergency procedures
hygiene requirements
decontamination procedures
waste handling procedures
medical examination requirements, and
the control limit and the need for air monitoring,

in order to safeguard themselves and other employees; and

who carry out work connected with the employer's duties under these Regulations, so that they can do that work effectively.

The information, instruction and training shall be:

given at regular intervals
adapted to take account of significant changes in the type of work carried out or the methods of work used by the employer; and
provided appropriate to the nature and degree of exposure identified by the risk assessment, and so that the employees are aware of:
- the significant findings of the risk assessment, and
- the results of any air monitoring carried out with an explanation of the findings.

Prevention or reduction of exposure to asbestos (r11)

You must:

prevent the exposure of your employees to asbestos SFARP;
where it is not reasonably practicable to prevent such exposure:
- reduce exposure to the lowest level reasonably practicable by measures other than the use of respiratory protective equipment (RPE), and
- ensure that the number of your employees who are exposed to asbestos at any one time is as low as is reasonably practicable.

Where it is not RP for you to prevent the exposure of your employees to asbestos, the measures to reduce exposure shall include, in order of priority:

the design and use of appropriate work processes, systems and engineering controls and the provision and use of suitable work equipment and materials in order to avoid or minimise the release of asbestos; and
the control of exposure at source, including adequate ventilation systems and appropriate organisational measures

and the employer shall SFARP provide the employees concerned with suitable RPE in addition to the above measures.

Where it is not RP to reduce an employee’s exposure to asbestos to below the control limit then, in addition to the above measures, the employer shall provide the employee with suitable RPE which will reduce the concentration of asbestos in the air inhaled by the employee (after taking account of the effect of the RPE) to:

below the control limit; and
as low as is reasonably practicable.

Personal protective equipment (PPE) which you provide under this regulation, or r14 (provision and cleaning of PPE), must be suitable for its purpose and must:

comply with any provision of the Personal Protective Equipment Regulations 2002 (A15) which applies to that item of PPE; or
in the case of RPE, where no such provision applies, be of a type approved or shall conform to a standard approved, in either case, by the Executive.

You must:

ensure that no employee is exposed to asbestos above the control limit; or
if the control limit is exceeded:
- 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 exposure to below the control limit
- as soon as is RP identify the reasons for the control limit being exceeded and take the appropriate measures to prevent it being exceeded again, and
- check the effectiveness of these measures by carrying out immediate air monitoring.

Use of control measures etc. (r12)

For any control measure, or anything else you provide under these Regulations you must take all reasonable steps to ensure that it is properly used or applied as the case may be.

Every employee shall make full and proper use of any control measure, or anything else provided under these Regulations and, where relevant, shall:

take all reasonable steps to ensure that it is returned after use to any accommodation provided for it; and
if he discovers a defect report it forthwith to his employer.

Maintenance of control measures etc (r13)

You must ensure that any control measure you provide to meet these Regulations:

in the case of plant and equipment, including engineering controls and PPE, is maintained in an efficient state, in efficient working order, in good repair and in a clean condition; and
in the case of provision of systems of work and supervision and of any other measure, is reviewed at suitable intervals and revised if necessary.

Where exhaust ventilation equipment or RPE (except disposable RPE) is provided under these Regulations, you must ensure that thorough examinations and tests of that equipment are carried out at suitable intervals by a competent person.

You must keep a suitable record of these examinations and tests and of repairs carried out as a result, and keep the record, or a suitable summary, available for at least 5 years from the date on which it was made.

Provision and cleaning of protective clothing (r14)

You must provide adequate and suitable protective clothing for any employees who are exposed or maybe exposed to asbestos, unless no significant quantity of asbestos is liable to be deposited on the clothes of the employee while he is at work.

You must ensure that this protective clothing is either disposed of as asbestos waste or adequately cleaned at suitable intervals.

The cleaning shall be carried out either on the premises where the exposure to asbestos has occurred, where those premises are suitably equipped for such cleaning, or in a suitably equipped laundry.

You must ensure that protective clothing which has been used and is to be removed from the premises (whether for cleaning, further use or disposal) is packed, before being removed, in a suitable receptacle labelled according to Schedule 2 as if it were a product containing asbestos or, in the case of protective clothing intended for disposal as waste, according to r24.

Where, as a result of the failure or improper use of the protective clothing provided, a significant quantity of asbestos is deposited on the personal clothing of an employee, then that personal clothing shall be treated as if it were protective clothing.

Arrangements to deal with accidents, incidents and emergencies (r15)

You must ensure that, in order to protect the health of your 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:

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;
information on emergency arrangements is available, including information on:
- details of relevant work hazards and hazard identification arrangements, and
- specific hazards likely to arise at the time of an accident, incident or emergency
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.

The employer shall ensure that information on the procedure, systems and arrangements required above is:

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
displayed at the workplace, if this is appropriate.

The exception to these requirements is where:

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
the measures taken by the employer to comply with the duty under r11 are sufficient to control that risk.

or where r3 applies (e.g. in terms of low intensity exposure). This regulation does not prejudice the Management Of Health And Safety At Work Regulations 1999(A10).

In the event of an accident, incident or emergency related to the unplanned release of asbestos at the workplace, you must ensure that:

immediate steps are taken to:
- mitigate the effects of the event
- restore the situation to normal, and
- inform any person who may be affected; and
only those who are responsible for carrying out repairs and other necessary work are permitted in the affected area and are provided with:
- appropriate RPE and protective clothing, and
- 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 (r16)

You must prevent or, where this is not RP, reduce to the lowest level RP the spread of asbestos from any place where work under your control is carried out.

Cleanliness of premises and plant (r17)

If you carry out work which exposes or is liable to expose your employees to asbestos you must ensure that:

the premises, or those parts of the premises where that work is carried out, and the plant used in connection with that work are kept in a clean state and when the work has been completed, thoroughly cleaned.

Designated areas (r18)

Where work is under your control, you shall designate:

an asbestos area, subject to r3 (application, low intensity), where any employee would be liable to be exposed to asbestos in that area
a respirator zone where the concentration of asbestos fibres in the air in that area would exceed or would be liable to exceed the control limit.

Asbestos areas and respirator zones shall be clearly and separately demarcated and identified by notices indicating:

that the area is an asbestos area or a respirator zone or both, as the case may be; and
in the case of a respirator zone, that exposure is liable to exceed the control limit and that RPE must be worn.

You must not permit any employee (other than one who is required to be there) to enter or remain in an asbestos area or respirator zone, and only employees who are permitted shall enter or remain in any such area.

You must ensure that only competent employees:

enter a respirator zone; and
supervise any employees who enter a respirator zone.

In this context, a competent employee means an employee who has received adequate information, instruction and training.

You must ensure that:

your employees do not eat, drink or smoke in an asbestos area or a respirator zone; and
arrangements are made for such employees to eat or drink in some other place.

Air monitoring (r19)

You must monitor the exposure of your employees to asbestos by measurement of asbestos fibres present in the air:

at regular intervals; and
when a change occurs which may affect that exposure

except where:

the exposure of an employee is not liable to exceed the control limit; or
you are able to demonstrate by another method of evaluation that r11 (prevention or reduction of exposure) has been complied with.

You must keep a suitable record of the monitoring, or where you decide that monitoring is not required, where an exception applies, the reason for that decision.

The record, or a suitable summary, shall be kept:

in a case where exposure is such that a health record is required to be kept under r22 (health records and medical surveillance), for at least 40 years; or
in any other case, for at least 5 years,

from the date of the last entry made in it.

You must:

on reasonable notice being given, allow an employee access to his personal monitoring record;
provide the Executive with copies of such monitoring records as it may require; and
if you cease to trade, notify the Executive forthwith in writing and make available to the Executive all monitoring records which have to be kept.

Standards for air testing and site clearance certification (r20): essentially amy one carrying out measurement of the concentration of asbestos fibres present in the air must meet the standards of ISO 17025.

Similarly, if you request a person to carry out air monitoring you must ensure that they are accredited by an appropriate body as competent to perform work in compliance with ISO 17025.

If you request a person to assess whether premises or parts of premises where work with asbestos has been carried out have been thoroughly cleaned upon completion of that work (r17, cleanliness) and are suitable for reoccupation so that a site clearance certificate for reoccupation can be issued, you must ensure that that person is accredited by an appropriate body as competent to perform work in compliance with ISO 17020 and ISO 17025.

Standards for analysis (r21)

If you analyse a sample of any material to determine whether it contains asbestos, you must ensure that you meet ISO 17025.

If you request a person to analyse a sample of any material taken to determine whether it contains asbestos you must ensure that that person is accredited by an appropriate body as competent to perform work in compliance with ISO 17025.

Health records and medical surveillance (r22)

Subject to r3 (low intensity). You must ensure that:

a health record, containing details approved by the Executive, relating to every employee who is exposed to asbestos is maintained; and
that record or a copy is kept available in a suitable form for at least 40 years from the date of the last entry.

You must ensure that every employee exposed to asbestos is under adequate medical surveillance by a relevant doctor.

The medical surveillance shall include:

a medical examination not more than 2 years before the beginning of such exposure; and
periodic medical examinations at intervals of not more than 2 years or such shorter time as the relevant doctor may require while such exposure continues,

and each such medical examination shall include a specific examination of the chest.

Where an employee has been so examined, the relevant doctor shall issue a certificate to you and your employee stating:

that the employee has been so examined; and
the date of the examination,

and you must keep that certificate or a copy for at least 4 years from when it was issued.

An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such examination and tests as may be required and shall provide the relevant doctor with such information concerning his health as the relevant doctor may reasonably require.

Where, for the purpose of carrying out his functions under these Regulations, a relevant doctor requires to inspect any record kept for their purposes, you must permit him to do so.

Where medical surveillance is carried out on your premises, you must ensure that suitable facilities are made available for the purpose.

You must:

on reasonable notice being given, allow an employee access to his personal health record;
provide the Executive with copies of such personal health records as the Executive may require; and
if you cease to trade, notify the Executive forthwith in writing and make available to the Executive all personal health records which you have had to keep.

Where, as a result of medical surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a relevant doctor to be the result of exposure to asbestos at work you must:

ensure that a suitable person informs the employee and provides the employee with information and advice regarding further medical surveillance
review the risk assessment
review any measure taken to comply with r11 (prevention or reduction of exposure) taking into account any advice given by a relevant doctor or by the Executive
consider assigning the employee to alternative work where there is no risk of further exposure to asbestos, taking into account any advice given by a relevant doctor; and
provide for a review of the health of every other employee who has been similarly exposed, including a medical examination (which shall include a specific examination of the chest) where such an examination is recommended by a relevant doctor or by the Executive.

Washing and changing facilities (r23)

You must ensure that, for any employees exposed or liable to be exposed to asbestos, there are provided:

adequate washing and changing facilities
where you are required to provide protective clothing, adequate facilities for the storage of:
- that protective clothing, and
- personal clothing not worn during working hours; and
where he is required to provide RPE, adequate facilities for its storage.

The facilities provided for the storage of:

personal protective clothing
personal clothing not worn during working hours; and
RPE

shall be kept separate.

Storage, distribution and labelling of raw asbestos and asbestos waste (r24)

If you work with asbestos you must ensure that raw asbestos or waste which contains asbestos is not:

stored
received into or dispatched from any place of work; or
distributed within any place of work, except in a totally enclosed distribution system,

unless it is in a sealed receptacle or, where more appropriate, sealed wrapping, clearly marked, as follows, showing that it contains asbestos.

Raw asbestos shall be labeled according to Schedule 2.

Waste containing asbestos shall be labeled:

where the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 apply, in accordance with those Regulations; and
in any other case according to Schedule 2.

Prohibitions and related provisions part 3 (r25-31)

Interpretation of prohibitions (r25)

‘asbestos cement’ means a material which is predominantly a mixture of cement and chrysotile and which when in a dry state absorbs less than 30% water by weight;

‘asbestos spraying’ means the application by spraying of any material containing asbestos to form a continuous surface coating;

Prohibitions of exposure to asbestos (r26)

No person shall undertake asbestos spraying or working procedures that involve using low-density (less than 1g/cm³) insulating or soundproofing materials which containasbestos.

Prohibition of the importation of asbestos (r27)

The importation into the United Kingdom of asbestos or of any product to which asbestos has intentionally been added is prohibited under the Customs and Excise Management Act 1979 (except for chrysotile, see Sch 3, e.g. brake linings).

Prohibition of the supply of asbestos (r28)

No person shall supply, other than solely for the purpose of disposal, asbestos or any product to which asbestos has intentionally been added. With certain exceptions for chrysotile.

Prohibition of the use of asbestos (r29)

No person shall use, except in the course of any activity in connection with its disposal, asbestos or any product to which asbestos has intentionally been added. With certain exceptions.

Labelling of products containing asbestos (r30)

Products which are excepted under Sch 3 or exempted, may only be supplied if they are labeled according to Sch2.

Schedules

Particulars to be included in a notification (sch 1)

These details must be included in a notification made according to r9, namely:

the name and address of the notifier and the address and telephone number of his usual place of business;
a brief description of:
- the location of the work site
- the types of asbestos to be used or handled (classified in accordance with regulation 2)
the maximum quantity of asbestos of each type to be held at any one time at the premises at which the work is to take place
the activities and processes involved
the number of workers involved, and
the measures taken to limit the exposure of employees to asbestos, and
the date of the commencement of the work and its expected duration.

Schedule 2

The labelling of raw asbestos, asbestos waste and products containing asbestos.

Schedule 3

Exceptions to the prohibitions on the importation, supply and use of chrysotile. These relate to brake linings, certain electrolytic cells and acetylene gas receptacles used before 24th November 1999.

The Control Of Asbestos Regulations 2006(SI 2006/2739) http://www.opsi.gov.uk/si/si200627.htm