OPINION
ASBESTOS ALERT
The EU has forced the government to tighten up rules on exposure. Hywel Davies explains the changes and how non-compliance can lead to a £5,000 fine
New asbestos regulations (1) came into force on 6 April 2012 to
address European Commission view that the UK had not fully implemented the requirements of the EU Directive on exposure to asbestos (2). The new Directive brings together the amendments to the previous Directive, which was first adopted in 1983. It aims to protect workers’ health from risk of asbestos exposure, by setting limiting values and specific requirements. The EU took the view that the initial UK implementation of the new Directive did not fully implement certain aspects of the Directive. As a result, the recent UK regulations make some changes to the regulatory regime, but a number of the requirements remain unchanged. The major change is that some types
of non-licensed work with asbestos now have additional requirements, for example notification of work, medical surveillance and record keeping. Failure to comply with notification can lead to a £5,000 fine, so it is worth understanding what has to be notified. From 6 April 2012, some non-
licensed work needs to be notified to the relevant enforcing authority. There are three types of work with asbestos: licensed work, notifiable non-licensed work (NNLW) and non-licensed work. The Health and Safety Executive (HSE) provides some guidance on how to decide which of the three categories apply to any given case, based on the kind of work being done; for example, maintenance, removal, encapsulation or air monitoring, the type of asbestos and the state it is in. For fuller guidance see
www.hse.gov.uk/asbestos/licensing/ notifiable-non-licensed-work.htm There is also a guide called a0,
Asbestos Essentials, which helps those seeking to identify notifiable non- licensed work (
www.hse.gov.uk/pubns/ guidance/a0.pdf) For all notified non-licensed work brief written records should be kept,
www.cibsejournal.com
including a copy of the notification with a list of workers on the job, plus the level of likely exposure of those workers to asbestos. Air monitoring is not required on every job if an estimate of the likely degree of exposure can be made, based on experience of similar past tasks or published guidance. Additionally, by April 2015, all
workers doing notifiable non-licensed work with asbestos will need to be under medical surveillance. Workers already under health surveillance for licensed work need not have another medical examination for non-licensed work, but medicals for notifiable non-licensed work are NOT acceptable for those doing licensed work. Finally, the section on prohibition
has been removed, as the prohibition of supply and use of asbestos is now covered by Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulations 2006.
What is unchanged? If existing asbestos-containing materials are in good condition and are not likely to be damaged, they may be left in place and their condition monitored and managed to ensure they are not disturbed. Those responsible for maintaining non-domestic premises have a ‘duty to manage’ the asbestos and to protect anyone using or working in the premises from the risks of exposure. Those wanting to do any building
or maintenance work on premises, plant or equipment that might contain asbestos need to: identify where it is and its type and condition; assess the risks, and manage and control those risks. The requirements for licensed work
remain the same in the majority of cases; work with asbestos needs to be done by a licensed contractor. This work includes most asbestos removal, all work with sprayed asbestos coatings and asbestos lagging, and most work
There should be no reason not to comply with the rules
with asbestos insulation and asbestos insulating board (AIB). Non-licensed asbestos work still requires effective controls to protect people from exposure to asbestos. The control limit for asbestos is 0.1 asbestos fibres per cubic centimetre of air (0.1 f/ cm3
). A control limit is not a ‘safe’ level,
and any exposure from work activities involving asbestos must be reduced to levels as far below the control limit as is reasonably possible. Training is mandatory for those liable
to be exposed to asbestos fibres at work. This includes maintenance workers and others who may come into contact with, or disturb, asbestos, as well as those involved in asbestos removal work. Asbestos is a potential killer. We understand the hazards of working with asbestos much better now, and with the guidance available there should be no reason for anyone to be unaware and not to manage them effectively.
l HYWEL DAVIES is technical director of CIBSE
www.cibse.org
REFERENCES 1 Control of Asbestos Regulations (2012)
2 Directive 2009/148/EC–exposure to asbestos at work –30 November2009on the protection of workers from the risks related to exposure to asbestos at work. http://
eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:200 9:330:0028:0036:EN:PDF
FURTHER READING
1. Asbestos: The Licensed Contractors Guide Intended for businesses holding a licence to do repair or removal work
www.hse.gov.uk/pubns/books/hsg247.htm
2. The management of asbestos in non-domestic premises: Regulation4of theControl of Asbestos Regulations 2006. ApprovedCode of Practice and guidance, L127.
www.hse.gov.uk/pubns/books/l127.htm
3. Managing asbestos in buildings: A brief guide INDG223 (rev 5). The leaflet is for peoplewhoown,manageor have responsibilities for buildings, whichmaycontain asbestos.
www.hse.gov.uk/pubns/indg223.htm
September 2012 CIBSE Journal
19
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