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UK Asbestos Regulations

Control of Asbestos Regulations 2006

These asbestos regulations came into force in November 2006, and they bring together the three previous sets of asbestos regulations which covered prohibition, control and licensing of different types of asbestos.  The asbestos regulations have also been standardised so that there is also no longer any differentiation between the different types of asbestos.

Under these asbestos regulations the importation, supply and use of all types of asbestos continues to be prohibited – blue, brown and white asbestos is still banned, although this only applies to new use of asbestos.  The asbestos regulations specifically state that any asbestos that already exists and is in good condition can be left in place, but it has to be monitored regularly for signs of damage or of it otherwise becoming a potential hazard.   The legislation further continues the ban on second hand asbestos products, such as asbestos cement sheets and asbestos boards and tiles which may not be reused under any circumstances.  They may be safe while they are in their original location, but any attempt to remove and reuse these materials has the potential to release asbestos fibres, so if they are to be removed for any reason they must be treated in the same way as asbestos waste and the removal process managed accordingly.

Training also forms a part of the asbestos regulations.  There is now a mandatory requirement that anyone who is likely to be exposed to asbestos fibres as part of their work undergoes relevant training.  Those who are considered likely to be exposed to fibres are obviously asbestos removal workers, but also maintenance workers such as joiners or plumbers who may disturb or come into contact with asbestos.

The asbestos regulations include details of the ‘duty to manage asbestos’ in non-domestic premises.  When working with asbestos or carrying out duties which may disturb asbestos, employers are required to prevent exposure to asbestos fibres.  In cases where this is not practical or possible, the exposure to and spread of asbestos fibres must be limited by applying approved working methods and techniques which are again detailed in the regulations.  The regulations also detail the maximum permitted airborne exposure limit   (0.1 fibres per cm3 over a four hour average) that must not be exceeded by those working with asbestos.  Respiratory equipment is also covered – workers must use masks that are approved for asbestos use, and although it may be the most important factor in protecting workers health it must not be relied upon as the only method and should only be used in conjunction with other safeguards.

Asbestos removal is yet another area covered by the asbestos regulations.  With only a few exceptions such as work involving materials where the asbestos is firmly ‘locked in’ to the material, like concrete or paint, all asbestos removal work must be carried out by a licensed contractor.  Even if the work does not require a licence, it must still be carried out in accordance with the other conditions in the regulations – for example, protective clothing and masks must still be worn.  If the building is to be reoccupied, then once the removal work has been completed a clearance certificate must be issued by an accredited body.