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The Control of Asbestos Regulations 2006

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The Control of Asbestos Regulations 2006 List of acts
 Selected UK Acts and Regulations
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Crown Copyright Acknowledged
CONTENTS

STATUTORY INSTRUMENTS

2006 No. 2739

HEALTH AND SAFETY

The Control of Asbestos Regulations 2006

Made 12th October 2006  

Laid before Parliament 20th October 2006 

Coming into force in accordance with regulation 1

PART 1

PRELIMINARY

1.  Citation and Commencement 

2.  Interpretation 

3.  Application of these Regulations 

PART 2

GENERAL REQUIREMENTS

4.  Duty to manage asbestos in non-domestic premises 

5.  Identification of the presence of asbestos 

6.  Assessment of work which exposes employees to asbestos 

7.  Plans of work 

8.  Licensing of work with asbestos 

9.  Notification of work with asbestos 

10.  Information, instruction and training 

11.  Prevention or reduction of exposure to asbestos 

12.  Use of control measures etc. 

13.  Maintenance of control measures etc. 

14.  Provision and cleaning of protective clothing 

15.  Arrangements to deal with accidents, incidents and emergencies 

16.  Duty to prevent or reduce the spread of asbestos 

17.  Cleanliness of premises and plant 

18.  Designated Areas 

19.  Air Monitoring 

20.  Standards for air testing and site clearance certification 

21.  Standards for analysis 

22.  Health records and medical surveillance 

23.  Washing and changing facilities 

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 

27.  Prohibition of the importation of asbestos 

28.  Prohibition of the supply of asbestos 

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 

33.  Exemptions relating to the Ministry of Defence 

34.  Extension outside Great Britain 

35.  Existing licences and exemption certificates 

36.  Revocations, amendments and savings 

37.  Defence 

SCHEDULE 1— PARTICULARS TO BE INCLUDED IN A NOTIFICATION

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

SCHEDULE 4— REVOCATIONS

SCHEDULE 5— AMENDMENTS

 

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

1. These Regulations may be cited as the Control of Asbestos Regulations 2006 and shall come into force on 13th November 2006, except regulation 20(4) which shall come into force on 6th April 2007.

Interpretation

2. —(1) In these Regulations—

"adequate" means adequate having regard only to the nature and degree of exposure to asbestos, and "adequately" shall be construed accordingly;

"appointed doctor" means a registered medical practitioner appointed for the time being in writing by the Executive for the purpose of these Regulations;

"approved" means approved for the time being in writing by the Health and Safety Commission or the Executive as the case may be;

"asbestos" means the following fibrous silicates—

(a) asbestos actinolite, CAS No 77536-66-4(*);

(b) asbestos grunerite (amosite), CAS No 12172-73-5(*);

(c) asbestos anthophyllite, CAS No 77536-67-5(*);

(d) chrysotile, CAS No 12001-29-5;

(e) crocidolite, CAS NO 12001-28-4(*); and

(f) asbestos tremolite, CAS No 77536-68-6(*),

and references to "CAS" followed by a numerical sequence are references to CAS Registry Numbers assigned to chemicals by the Chemical Abstracts Service, a division of the American Chemical Society;

"the control limit" means a 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, of 0.1 fibres per cubic centimetre of air averaged over a continuous period of 4 hours;

"control measure" means a measure taken to prevent or reduce exposure to asbestos (including the provision of systems of work and supervision, the cleaning of workplaces, premises, plant and equipment, and the provision and use of engineering controls and personal protective equipment);

"emergency services" include—

(a) police, fire, rescue and ambulance services;

(b) Her Majesty's Coastguard;

"employment medical adviser" means an employment medical adviser appointed under section 56 of the Health and Safety at Work etc. Act 1974;

"enforcing authority" means the Executive, local authority or Office of Rail Regulation, determined in accordance with the provisions of the Health and Safety (Enforcing Authority) Regulations 1998[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

3. —(1) These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee.

(2) Subject to paragraph (3), regulations 8 (licensing), 9 (notification of work with asbestos), 15(1) (arrangements to deal with accidents, incidents and emergencies), 18(1)(a) (asbestos areas) and 22 (health records and medical surveillance) shall not apply where—

(a) the exposure of employees to asbestos is sporadic and of low intensity;

(b) it is clear from the risk assessment that the exposure of any employee to asbestos will not exceed the control limit; and

(c) the work involves—

(i) short, non-continuous maintenance activities,

(ii) removal of materials in which the asbestos fibres are firmly linked in a matrix,

(iii) encapsulation or sealing of asbestos-containing materials which are in good condition, or

(iv) air monitoring and control, and the collection and analysis of samples to ascertain whether a specific material contains asbestos.

(3) No exposure to asbestos will be sporadic and of low intensity within the meaning of paragraph (2)(a) if 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 exceeds or is liable to exceed the concentration approved in relation to a specified reference period for the purposes of this paragraph by the Health and Safety Commission.

(4) Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work activity carried out by the employer except that the duties of the employer—

(a) under regulation 10 (information, instruction and training) shall not extend to persons who are not his employees unless those persons are on the premises where the work is being carried out; and

(b) under regulation 22 (health records and medical surveillance) shall not extend to persons who are not his employees.

(5) Regulation 17, insofar as it requires an employer to ensure that premises are thoroughly cleaned, shall not apply—

(a) in England and Wales, to a fire and rescue authority within the meaning of section 1 of the Fire and Rescue Services Act 2004[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

4. —(1) In this regulation "the dutyholder" means—

(a) every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress therefrom; or

(b) in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom,

and where there is more than one such dutyholder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.

(2) Every person shall cooperate with the dutyholder so far as is necessary to enable the dutyholder to comply with his duties under this regulation.

(3) In order to enable him to manage the risk from asbestos in non-domestic premises, the dutyholder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises.

(4) In making the assessment—

(a) such steps as are reasonable in the circumstances shall be taken; and

(b) the condition of any asbestos which is, or has been assumed to be, present in the premises shall be considered.

(5) Without prejudice to the generality of paragraph (4), the dutyholder shall ensure that—

(a) account is taken of building plans or other relevant information and of the age of the premises; and

(b) an inspection is made of those parts of the premises which are reasonably accessible.

(6) The dutyholder shall ensure that the assessment is reviewed forthwith if—

(a) there is reason to suspect that the assessment is no longer valid; or

(b) there has been a significant change in the premises to which the assessment relates.

(7) The dutyholder shall ensure that the conclusions of the assessment and every review are recorded.

(8) Where the assessment shows that asbestos is or is liable to be present in any part of the premises the dutyholder shall ensure that—

(a) a determination of the risk from that asbestos is made;

(b) a written plan identifying those parts of the premises concerned is prepared; and

(c) the measures which are to be taken for managing the risk are specified in the written plan.

(9) The measures to be specified in the plan for managing the risk shall include adequate measures for—

(a) monitoring the condition of any asbestos or any substance containing or suspected of containing asbestos;

(b) ensuring any asbestos or any such substance is properly maintained or where necessary safely removed; and

(c) ensuring that information about the location and condition of any asbestos or any such substance is—

(i) provided to every person liable to disturb it, and

(ii) made available to the emergency services.

(10) The dutyholder shall ensure that—

(a) the plan is reviewed and revised at regular intervals, and forthwith if—

(i) there is reason to suspect that the plan is no longer valid, or

(ii) there has been a significant change in the premises to which the plan relates;

(b) the measures specified in the plan are implemented; and

(c) the measures taken to implement the plan are recorded.

(11) In this regulation, a reference to—

(a) "the assessment" is a reference to the assessment required by paragraph (3);

(b) "the premises" is a reference to the non-domestic premises referred to in paragraph (1); and

(c) "the plan" is a reference to the plan required by paragraph (8).

Identification of the presence of asbestos

5. An employer shall not undertake work in demolition, maintenance, or any other work which exposes or is liable to expose his employees to asbestos in respect of any premises unless either—

(a) he has carried out a suitable and sufficient assessment as to whether asbestos, what type of asbestos, contained in what material and in what condition is present or is liable to be present in those premises; or

(b) if there is doubt as to whether asbestos is present in those premises he—

(i) assumes that asbestos is present, and that it is not chrysotile alone, and

(ii) observes the applicable provisions of these Regulations.

Assessment of work which exposes employees to asbestos

6. —(1) An employer shall not carry out work which is liable to expose his employees to asbestos unless he has—

(a) made a suitable and sufficient assessment of the risk created by that exposure to the health of those employees and of the steps that need to be taken to meet the requirements of these Regulations;

(b) recorded the significant findings of that risk assessment as soon as is practicable after the risk assessment is made; and

(c) implemented the steps referred to in sub-paragraph (a).

(2) Without prejudice to the generality of paragraph (1), the risk assessment shall—

(a) subject to regulation 5, identify the type of asbestos to which employees are liable to be exposed;

(b) determine the nature and degree of exposure which may occur in the course of the work;

(c) consider the effects of control measures which have been or will be taken in accordance with regulation 11;

(d) consider the results of monitoring of exposure in accordance with regulation 19;

(e) set out the steps to be taken to prevent that exposure or reduce it to the lowest level reasonably practicable;

(f) consider the results of any medical surveillance that is relevant; and

(g) include such additional information as the employer may need in order to complete the risk assessment.

(3) The risk assessment shall be reviewed regularly, and forthwith if—

(a) there is reason to suspect that the existing risk assessment is no longer valid;

(b) there is a significant change in the work to which the risk assessment relates; or

(c) the results of any monitoring carried out pursuant to regulation 19 show it to be necessary,

and where, as a result of the review, changes to the risk assessment are required, thos

(4) Where, in accordance with the requirement in paragraph (2)(b), the risk assessment has determined that the exposure of his employees to asbestos may exceed the control limit, the employer shall keep a copy of the significant findings of the risk assessment at those premises at which, and for such time as, the work to which that risk assessment relates is being carried out.

Plans of work

7. —(1) An employer shall not undertake any work with asbestos unless he has prepared a suitable written plan of work detailing how that work is to be carried out.

(2) The employer shall keep a copy of the plan of work at those premises at which the work to which the plan relates is being carried out for such time as that work continues.

(3) In cases of final demolition or major refurbishment of premises, the plan of work shall, so far as is reasonably practicable, and 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.

(4) The plan of work shall include in particular details of—

(a) the nature and probable duration of the work;

(b) the location of the place where the work is to be carried out;

(c) the methods to be applied where the work involves the handling of asbestos or materials containing asbestos;

(d) the characteristics of the equipment to be used for—

(i) protection and decontamination of those carrying out the work, and

(ii) protection of other persons on or near the worksite;

(e) the measures which the employer intends to take in order to comply with the requirements of regulation 11; and

(f) the measures which the employer intends to take in order to comply with the requirements of regulation 17.

(5) The employer shall ensure, so far as is reasonably practicable, that the work to which the plan of work relates is carried out in accordance with that plan and any subsequent written changes to it.

Licensing of work with asbestos

8. —(1) Subject to regulation 3(2), an employer shall not undertake any work with asbestos unless he holds a licence granted under paragraph (2) of this regulation.

(2) The Executive may grant a licence for work with asbestos if it considers it appropriate to do so and—

(a) the person who wishes the licence to be granted to him has made application for it on a form approved for the purposes of this regulation by the Executive; and

(b) 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.

(3) A licence under this regulation—

(a) shall come into operation on the date specified in the licence, and shall be valid for any period up to a maximum of three years that the Executive may specify in it; and

(b) may be granted subject to such conditions as the Executive may consider appropriate.

(4) The Executive may vary the terms of a licence under this regulation if it considers it appropriate to do so and in particular may—

(a) add further conditions and vary or omit existing ones; and

(b) 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.

(5) The Executive may revoke a licence under this regulation if it considers it appropriate to do so.

(6) The holder of a licence under this regulation shall return the licence to the Executive—

(a) when required by the Executive for any amendment; or

(b) following its revocation.

Notification of work with asbestos

9. —(1) Subject to regulation 3(2), an employer shall not undertake any work with asbestos unless he has notified the appropriate office of the enforcing authority in writing of the particulars specified in Schedule 1 at least 14 days before commencing that work or such shorter time before as the enforcing authority may agree.

(2) Where an employer has notified work in accordance with paragraph (1) and there is a material change in that work which might affect the particulars so notified (including the cessation of the work), the employer shall forthwith notify the appropriate office of the enforcing authority in writing of that change.

Information, instruction and training

10. —(1) Every employer shall ensure that adequate information, instruction and training is given to those of his employees—

(a) who are or who are liable to be exposed to asbestos, or who supervise such employees, so that they are aware of—

(i) the properties of asbestos and its effects on health, including its interaction with smoking,

(ii) the types of products or materials likely to contain asbestos,

(iii) the operations which could result in asbestos exposure and the importance of preventive controls to minimise exposure,

(iv) safe work practices, control measures, and protective equipment,

(v) the purpose, choice, limitations, proper use and maintenance of respiratory protective equipment,

(vi) emergency procedures,

(vii) hygiene requirements,

(viii) decontamination procedures,

(ix) waste handling procedures,

(x) medical examination requirements, and

(xi) the control limit and the need for air monitoring,

in order to safeguard themselves and other employees; and

(b) who carry out work in connection with the employer's duties under these Regulations, so that they can carry out that work effectively.

(2) The information, instruction and training required by paragraph (1) shall be—

(a) given at regular intervals;

(b) adapted to take account of significant changes in the type of work carried out or methods of work used by the employer; and

(c) provided in a manner appropriate to the nature and degree of exposure identified by the risk assessment, and so that the employees are aware of—

(i) the significant findings of the risk assessment, and

(ii) the results of any air monitoring carried out with an explanation of the findings.

 
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