December 2011 - Shake Up Of Asbestos Controls
New regulations are expected to be introduced in 2012.
Currently, work with asbestos-containing materials is considered to be either high risk and needs to be carried out by licensed contractors and notified to the HSE, or is low risk and does not need to be carried out by licensed contractors or notified to the HSE.
As reported in our March issue, earlier this year the EU decided that the UK has not fully implemented Article 3(3) of the Asbestos Directive regarding the exemption of some types of lower risk work with asbestos from three requirements of the Directive - notification of work, medical examinations and record keeping.
Specifically, the EU decided the UK regulations did not clearly identify that the exemptions only apply to maintenance work with material which is “non-friable” (i.e. not brittle or crumbly) and to the removal “without deterioration of non-degraded” materials.
In order to make the changes without extending the categories of work with asbestos which require a licence, the HSE is proposing to introduce a third category of work with asbestos. So, the three categories of work will be:
- licensed work, as current all requirements apply;
- non-licensed work, as current, this is exempt from the requirements to:
- notify work with asbestos to the authorities;
- carry out medical examinations;
- maintain registers of work (health records);
- hold a licence;
- have arrangements to deal with accidents, incidents and emergencies; and
- designate asbestos areas; and
- non-licensed notifiable work, which will be exempt from the requirements to:
- hold a licence;
- have arrangements to deal with accidents, incidents and emergencies; and
- designate asbestos areas.
but for which employers will be required to:
- notify work to the authorities;
- carry out medical examinations; and
- maintain registers of work (health records).
The details of what work will fall into the new non licensed, notifiable, work category has not yet been decided. However, it is intended there will be a three year transition period before the requirement to carry out medical examinations for this work is brought into force.
Irrespective of which category any work with asbestos falls into, the core requirements of the regulations to identify asbestos, carry out a risk assessment, have in place suitable measures to control exposure and provide appropriate training will continue to apply.
