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Current Asbestos Legislation in the UK

 

Control of Asbestos Regulations 2012

These Regulations bring together the four previous sets of Regulations covering the prohibition of asbestos, the control of asbestos at work and asbestos licensing.

The Regulations prohibit the importation, supply and use of all forms of asbestos. They continue the ban introduced for blue and brown asbestos in 1985 and for white asbestos in 1999. They also continue to 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.

Duty to manage asbestos

  • take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in;
  • presume materials contain asbestos unless there is strong evidence that they do not;
  • make, and keep up-to-date, a record of the location and condition of the asbestos containing materials - or materials which are presumed to contain asbestos;
  • assess the risk of anyone being exposed to fibres from the materials identified;
  • prepare a plan that sets out in detail how the risks from these materials will be managed;
  • take the necessary steps to put the plan into action;
  • periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date; and
  • provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.

There is also a requirement on anyone to co-operate as far as is necessary to allow the dutyholder to comply with the above requirements.

Training

The Regulations require mandatory training for anyone liable to be exposed to asbestos fibres at work (see regulation 10). This includes maintenance workers and others who may come into contact with or who may disturb asbestos (eg cable installers) as well as those involved in asbestos removal work.

Working with asbestos

When work with asbestos or which may disturb asbestos is being carried out, the Asbestos Regulations require employers and the self-employed to prevent exposure to asbestos fibres. Where this is not reasonably practicable, they must make sure that exposure is kept as low as reasonably practicable by measures other than the use of respiratory protective equipment. The spread of asbestos must be prevented. The Regulations specify the work methods and controls that should be used to prevent exposure and spread.

Respiratory protective equipment is an important part of the control regime but it must not be the sole measure used to reduce exposure and should only be used to supplement other measures. Work methods that control the release of fibres such as those detailed in the HSE - Asbestos Essentials task sheets for non-licensed work should be used. Respiratory protective equipment must be suitable, must fit properly and must ensure that worker exposure is reduced as low as is reasonably practicable.

Asbestos removal

Most asbestos removal work must be undertaken by a licensed contractor, under the Asbestos Regulations, anyone carrying out work on asbestos insulation, asbestos coating or asbestos insulating board (AIB) must hold a licence issued by HSE.

 

 

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