Codes of Practice published to support new asbestos regulations
Published on Fri 24 Nov 2006
The Control of Asbestos Regulations 2006 came into force on 13 November 2006, and the HSE has published two new Codes of Practice to support the Regulations.
The Control of Asbestos Regulations 2006, Approved Code of Practice and guidance L143 replaces the previous ACOPs, L27 and L28. It also replaces the guide to the Asbestos (Licensing) Regulations 1983, L11. In particular this code applies to work on, or which disturbs/is liable to disturb, materials containing asbestos; asbestos sampling; and laboratory analysis. It’s particularly relevant to those who are responsible for the maintenance and repair of non-domestic premises where asbestos-containing materials are or are likely to be present.
The second code, Approved Code of Practice and guidance L127 on Regulation 4 of the Control of Asbestos Regulations 2006, gives advice on how to comply with the duty in Regulation 4 of the Control of Asbestos Regulations 2006 to manage asbestos in non-domestic premises. It explains the duties of building owners, tenants and anyone else with legal responsibilities for such premises.
The Regulation requires:
- taking reasonable steps to find asbestos-containing materials in premises and checking their condition;
- presuming materials contain asbestos unless there is strong evidence to suppose they do not;
- keeping an up-to-date written record of the location and condition of asbestos-containing materials;
- assessing the risk of exposure to asbestos-containing materials;
- and preparing and putting into effect a plan to manage the risk.
The Control of Asbestos Regulations 2006 bring together three 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 1985 and for white asbestos in 1999. They also continue the 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.
The Regulations also include the 'duty to manage asbestos' in non-domestic premises. Guidance on the duty to manage asbestos can be found in the Approved Code of Practice The Management of Asbestos in Non-Domestic Premises'.
The Regulations require mandatory training for anyone liable to be exposed to asbestos fibres at work. This includes maintenance workers and others who may come into contact with or who may disturb asbestos (e.g. cable installers) as well as those involved in asbestos removal work.
When work with asbestos, or work which may disturb asbestos, is being carried out the 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.
Worker exposure must be below the airborne exposure limit (Control Limit). The Regulations set a single Control Limit for all types of asbestos of 0.1 fibres per cm3. A Control Limit is a maximum concentration of asbestos fibres in the air (averaged over any continuous four hour period) that must not be exceeded.
In addition, short term exposures must be strictly controlled and worker exposure should not exceed 0.6 fibres per cm3 of air averaged over any continuous ten minute period using respiratory protective equipment if exposure cannot be reduced sufficiently using other means.
Under the Regulations, anyone carrying out work on asbestos insulation, asbestos coating or asbestos insulating board (AIB) needs a licence issued by the HSE unless they meet one of the exemptions above.
If the work is licensable there are a number of additional duties. You need to:
- notify the enforcing authority responsible for the site where you are working (for example HSE or the local authority);
- designate the work area (see regulation 18 for details);
- prepare specific asbestos emergency procedures;
- and pay for your employees to undergo medical surveillance.
The Regulations require any analysis of the concentration of asbestos in the air to be measured in accordance with the 1997 WHO recommended method.
From 6 April 2007, a clearance certificate for re-occupation may only be issued by a body accredited to do so. At the moment, such accreditation can only be provided by the United Kingdom Accreditation Service (UKAS).
